
Class '^/f3 4-^5 ^ 

Book /?/ t 

Copyright N"_ji3f_2 



Ci)PYRIGRT DEPOSm 



CIVICS 



FOR NEW YORK STATE 



BY 



CHARLES Deforest hoxie 

Member of the New York Bar 



REVISED AND ENLARGED 




AMERICAN BOOK COMPANY 

NEW YORK CINCINNATI CHICAGO 

BOSTON ATLANTA 



" "'f'r 



"7 



LOPYRIGH , T901, BY 

CHARLES Deforest hoxie. 

Copyright, 1910, 1918, by 
AMERICAN BOOK COMPANY. 

Entered at Stationers' Hall, London. 



CIVICS FOR NEW YORK STATE, 

W. P. 9 



OCT IB 1918 

Oui.A5n6192 



Preface 

No text-book, however good, can take the place of the 
teacher. The book may supply materials for study, furnish 
an outline and guide for the student, stimulate him to orig- 
inal thought and inquiry ; but it is the teacher, after all, 
who must vitaHze the subject. 

It is the aim of Civics for New York State to help the 
teacher in his efforts to help the boys and girls of New 
York to an understanding of the several governments, 
local, State and national, under which we live ; to arouse in 
their minds an interest in the work which the different gov- 
ernments are called upon to perform ; and to inspire our 
young people with a love not only for their country and 
State, but also for the city or other local division in which 
they live, and a desire to see its public business wisely and 
justly administered. 

To accomplish these purposes the author has aimed, first 
of all, to make the subject — often looked upon as a some- 
what dry one — alive with interest ; secondly, to develop it 
in accordance with true peda^o^ic principles; thirdly, to 
treat it historically, so that present forms and institutions 
may be traced to their historic origins ; and fourthly, to 
combine all with a full and comprehensive summary of the 
latest general laws and principles underlying the govern- 
ments affectinq^ the people of New York, and an account of 
our more important public officers, their powers and duties. 

3 



4 PREFACE. 

With these ends in view, the book at the same time fol- 
lows closely the plan laid down by the New York .State 
Education Department in its Syllabus outlining the subjects 
necessary to be mastered in order to pass its examinations 
in civics ; and the student who makes a careful reading 
of this book and its collateral references should be able 
to pass any ordinary examination in civics. 

Besides its use as a text-book, it is hoped that the book 
may prove of interest and value to the general reader, lead- 
ing him to realize more vividly the truth that governments, 
laws and public officials are but the machinery by which he 
and his neighbors secure the doing of needed public work ; 
that he has a direct interest in the proper performance of 
this work ; and that liis interest requires his attendance at 
the caucus and the primary as well as at the public elec- 
tions. In short, it is hoped that Civics for New York State 
will stimulate good citizenship, not only in the schoolroom, 
but in the busy world outside. 

The summaries following the several chapters, and the 
maps and diagrams accompanying the text, will aid the 
student in his efforts to fix the subject clearly in mind. 
Further sources of information will be found at the close 
of a number of chapters under the title "Additional Read- 
ing." The ''New York Syllabus in Civics "(page 369), 
with page references to this book, will be found helpful 
to those who are preparing to pass the examinations of 
the New York State Education Department. 

C. DE F. HOXIE. 



Contents 

CHAP. PAGE 

I. Preliminary Steps . , o 7 

II, Government by Town Meeting 15 

III, Town Officers, Their Powers and Duties . . .23 

IV, The Village and its Government ^^ 

V. The Government of Cities . . ... , . .42 

VI. Greater New York . , 62 

VII. The County 80 

VIII. The State, and the People Who Made It . , .94 

IX, How New York Became a State . , . . .104 

X, The State Constitution 113 

XI. Personal Rights . . -, 123 

XII. The Right to Vote 134 

XIII. Departments of State Government — The Legislature . 141 

XIV. The Legislature — (Continued) 149 

XV. The State's Executive Department 165 

XVI. The Judiciary Department — How Criminals Are 

Brought to Justice ,178 

XVII. The Judiciary Department — Civil Suits at Law . .190 

XVIIL The Public Schools 201 

XIX. Assessment and Collection of Taxes 213 

XX, The Conduct of Public Elections , . . . . 226 

XXI. The State and the United States 238 

XXII. The United States, the States, and the People . .252 

XXIII. Departments of United States Government . . . 275 

XXIV. The United States and Other Nations . , , . 306 
XXV. Personal and Property Relations . . • . . 323 

5 



6 CONTENTS, 

XXVI. The United States at War 337 

Appendix 

Constitution of the United States ........ 353 

Summary of New York State Constitution ...... 365 

Table of the principal officers of local, state, and national government:s, 

with mode of election or appointment, term of office, and salary . 382 
Syllabus in Civics, with references to corresponding topics in this book . 385 
Index 401 



Maps, Diagrams and Illustrations 

City of New York, by Boroughs and Districts of Local Improvements 62, 63 

City Hall and Municipal Building, New York 66 

Police Station and Street Cleaners, City of New York . . . .68 
Map of Oneida County, showing towns, villages and cities . . .81 

State, by Counties 82 

State, by Senate Districts 148 

Senate Chamber 144 

State Capitol . 150 

State, by Judiciary Districts 195 

Specimen Ballot . 231 

The State by Congressional Districts . . . . . . . 279 

President Wilson Delivering a Message to Congress .... 338 

Building Ships in a Government Shipyard 341 



CHAPTER I. 

Preliminary Steps. 

The work of government is much greater and more 
important now than it was in earher times. More than a 
million people in our country are engaged in carrying on 
our government, and the work they do is of many kinds. 
Let us begin by making a list of some of the things that 
are done for us by the government. 

In our childhood we are (i) taught by public school 
teachers, and (2) provided with a schoolhouse in which the 
teaching is carried on. (3) Public libraries are kept up, 
from which we may borrow books to read. Where is the 
nearest library from which you can draw books ? 

(4) Roads and (5) bridges are built and kept in repair, 
so that we can travel about easily from place to place. If 
we live in a large village or a city, the government provides 
(6) waterworks to supply us with water, (7) sewers to 
carry off the waste water from our houses, and (8) men and 
machines to put out destructive fires. It may also (9) provide 
parks for us to walk or play in, and may even (10) hire 
bands to play music for us on certain days. 

The government does what it can to protect us from 
disease. (11) When anybody is sick with a contagious 
disease, like scarlet fever or smallpox, government officers 
enforce the rules that are necessary to keep the disease 
from spreading to other people. (12) In sickness or old 
age, if we cannot care for ourselves, we may be cared for 
in public hospitals, asylums, or poorhouses. (13) When a 
contagious disease attacks horses or cattle or sheep, govern- 

7 



8 GOVERNMENT OF NEW YORK. 

ment officers will stop it from spreading ; if necessary, by 
destroying the sick animals. 

To protect our property, the government (14) keeps a 
careful record of the ownership of every piece of land, 
and provides courts (15) to settle disputes, and (16) to 
punish thieves and robbers. 

What bank is nearest your school ? Is it a safe place in 
which to deposit money? Government officers (17) in- 
spect banks, and close any that are likely to fail. 

Is your house insured ? Is your father's life insured ? 
Are the insurance companies sound and able to pay the 
amounts insured ? Government officers (18) inspect insur- 
ance companies, and put out of business any that are unsafe. 

The government (19) coins and prints all our money, and 
(20) severely punishes counterfeiting. It (21) manages 
all the post offices, and for two cents will carry a letter 
thousands of miles and deliver it to the person addressed. 

What other work do you know, that is done by the gov- 
ernment ? Of all the different kinds of government work 
mentioned, which do you think is the most important } 

Governmental Units. — The things mentioned above are 
done by many different officers, some acting for the whole 
country, some for the State, some for the town, county, 
village or city, and some for the school district. In our list, 
the things numbered (i), (2) and (3) are done by officers 
of a school district; (3), (6), (7), (8), (9) and (10), by 
officers of the town, village or city; (14) by a county 
officer; (13), (17) and (18) by officers of the State ; 
(19), (20) and (21) by officers of the United States. The 
things numbered (4), (5), (11), (12), (15) and (16) are done 
partly by officers of the town, village or city ; partly by 
county officers ; and partly by State officers. 



PRELIMINARY STEPS. 9 

Cooperative Control. — And why should these things 
be done by government officers ? Why not leave them to 
be done by people for themselves ? Because some of them 
can be done only by the authority of a whole community, 
imposing its will on individuals ; and because others can be 
done better and more cheaply by the united action of a 
community than by individuals or private companies. For 
instance, it takes far less time for one inspector to look 
over the books of a bank and publish his report, than it 
would for each depositor to do the work for himself. A 
single schoolhouse built at public expense, and under 
cooperative control, is better and cheaper than a separate 
schoolroom in each house. 

If each family employed its own school teacher, it might 
manage its school as it liked ; while the public school can- 
not be managed so as to suit everybody in all particulars, 
because people do not all think alike. It is necessary, in 
any organized community, that the members shall give up 
part of their individual control of their lives and actions. 

Mending a Road. — How are things done by joint 
effort } For example, if a washed-out country road is to 
be repaired, who will superintend the workmen to be em- 
ployed } Who will pay their wages .? 

The natural answer to these questions is that the public 
officers in charge of the road will see to its repair, and that 
the taxpayers will meet the expense. But here again arise 
more questions. Who and what are public officers 1 How 
are they chosen } What gives them authority over roads 
and other public affairs ? How does the money to pay for 
needed pubHc work find its way from the pockets of the 
taxpayers into the hands of the proper public officers ? In 
attempting to mend our country road, we find ourselves 



lo GOVERNMENT OF NEW YORK. 

face to face with questions involving almost the entire 
machinery and authority of government. 

The first step naturally taken in the mending of the road 
would be to call a meeting of the persons most immediately 
interested, to discuss the work to be done, to decide on the 
amount of money needed, to select suitable persons to super- 
vise the work, to apportion each interested person's share of 
the cost, and to arrange for collecting the money. This nat- 
ural method of procedure corresponds very closely with the 
legal method • of securing the performance of most needed 
public work in the country districts of New York. In these 
places meetings of the voters are regularly held to discuss 
and decide questions relating to the public business. These 
meetings are known as Town Meetings. Regular town 
meetings are held once in every two years in all the towns 
of New York. This brings us to another question. What is 
the town ? 

The Town. — If we start from a country place in New 
York, and drive off in any single direction for three or four 
miles, we shall come to the borders of another town from 
the one where we started. Wherever we go throughout the 
State, except in the cities, we find the country cut up into 
towns, or townships, as they are sometimes called. As a 
rule, each town differs in size and shape from all the others; 
but no town is so large that its voters may not conveniently 
gather in town meeting. In many of the western States, 
towns are laid out in blocks of territory, six miles long and 
six miles wide, like the squares on a checkerboard, each 
town containing about thirty-six square miles. Towns in 
New York^ and the older eastern States, are not thus laid 

1 Except in the western part of the State, and in some portions of the cen- 
tral part. 



PRELIMINARY STEPS. il 

out; but they were formed gradually as people from Hol- 
land, England and other European countries came several 
hundred years ago to this country, built stockades and forts 
and established trading posts to trade with the Indians, 
cleared the land of forests, laid out farms and gathered in 
villages. As public necessity required, local governments 
were established, to build roads and schools and administer 
public affairs. Thus many towns of New York were formed, 
here and there, with irregular boundaries and of different 
shapes and sizes ; and out of these early forms have grad- 
ually developed our present city, town and village govern- 
ments. We may speak, then, of a town in New York, as 
lying within a certain piece of territory, the voters of which 
meet regularly to select town officers and order the town's 
public work. Several towns united form a county,^ of 
which there are sixty-two in New York. 

The Town a Municipal Corporation. — But while a town 
may be said to lie within a certain definite piece of territory 
that may be shown on a map, the town itself is not terri- 
tory. The real town consists of the townspeople living 
within the territory, who are united for purposes of town 
government. In this sense a town is a municipal corpora- 
tion, which being explained, means a number of persons as- 
sociated together for purposes of government, and hav- 
ing by law power to do or direct the public affairs of a cer- 
tain territory. A town, then, consists of the people of the 
town united in a body politic, or municipal corporation. 

The Town Governed by Its People through the Town 

Meeting. — The town's public business is largely transacted 

by its voters assembled in town meeting. In the town 

meeting any voter may propose any action of interest to the 

*The counties forming the city of New York have now no towns. 



i^ GOVERNMENT OF NEW YORK. 

townspeople, allowed by the law ; his proposition may be 
debated by the voters in open meeting, and decided, '* yes " 
or ** no, " by majority vote of those present. The final de- 
cisions of a town meeting upon questions relating to its pub- 
lic affairs, are known as the town's By-laws. The word '' by " 
in by-law comes from an old Norse word meaning town. It 
probably crept into our language centuries ago, when the 
Danes were masters in Great Britain and Danish kings sat 
on the English throne. In our New York town meetings, 
money needed for carrying on the town's public work may 
be voted, Assessors may be chosen to apportion each per- 
son's share of the money to be raised in town for public 
purposes, and a Collector to collect this money. Money 
thus lawfully assessed and collected from private persons 
for public purposes is called a Tax ; and the power to assess 
and collect taxes, possessed by the town meeting is one of 
the most important powers of government. 

The work of the town meeting, thus described, consti- 
tutes very largely what we call " governing the town.'' In- 
deed, for many purposes, we may say that the town meet- 
ing, attended by the lawful voters of the town, discussing the 
town's public work, electing officers to carry on that work, 
and directing the assessment and collection of taxes, 
is the government of the town actually assembled and doi7ig 
its work. We sometimes speak of ** the government " as 
if it were some mysterious, far-away institution, quite apart 
from the common people. In the town meeting, we see 
that "the government" consists of the people, assembled 
according to the forms of law, discussing and directing their 
own public work. 

The Town an Example of Direct Democratic Govern- 
ment The government of a town by its voters assembled 



PRELIMINARY STEPS. 13 

in town meeting, is an example of what is known as direct 
democratic government, as distinguished from what is 
known as representative democratic government/ Un- 
der direct democratic government, the voting population 
decides directly, '* yes '* or " no," questions relating to pub- 
lie affairs. Under representative democratic government the 
voters choose certain persons to represent them, and tben 
leave to these, their chosen Representatives, the decision of 
public questions, and the direction and management of pub- 
lic affairs. As the town is an example of direct democratic 
government, so our city, county, and State governments, as 
well as the government of the United States, are examples 
very largely of representative democratic government, pub- 
lic affairs under these governments being conducted mainly 
by bodies of representatives chosen by the people. Thus, 
the representative law-making body of the city is the Board 
of Aldermen, of the county the Board of Supervisors, of the 
State the State Legislature, of the United States the na- 
tional Congress. This distinction between direct and repre- 
sentative democratic government will be shown more fully 
in examples given in later chapters of this bookt Mean- 
while it is well to remember that in no place do the people 
of New York come into more direct relations with their 
government than in the town meeting. 

SUGGESTIVE QUESTIONS. 

What officers have charge of public roads in your lo- 
cality? 

' Democratic comes from the Greek words, demoSy the people, and 
kraleoy to govern. Hence, democratic government means a government by 
the people. 



14 GOVERNMENT OF NEW YORK. 

How is the money supplied for the care and maintenance 
of such roads ? 

Locate your town, with reference to other towns, and 
describe its boundaries. 

Describe the circumstances of the first settlement of your 
town. 

What is the town ? 
, What is a municipal corporation ? 

What are town by-laws, and how are they made? 

What is a tax ? 

How are town taxes voted ? 

What would you say of a government that did not have 
the power to tax ? 

What is direct democratic government, and how does 
it differ from representative democratic government? 

What services of government do you think are more im- 
portant than the maintenance of roads ? What services less 
important? 



CHAPTER n. 

Government by Town Meeting. 

Let us attend a town meeting in one of the few counties 
where town meetings are still held in February, March or 
April. Every town in New York holds a regular town 
meeting once in two years, and special meetings may be 
called at other times on petition of the taxpayers. The 
biennial town meetings are held in odd-numbered years, 
on some Tuesday in February, March or April, or on the 
Tuesday after the first Monday in November.^ As we 
approach the town hall or other place where the meeting 
is being held, we notice an unusual stir about the building. 
Men and women are passing in and out. Horses and 
wagons stand waiting outside, for many of the voters have 
driven considerable distances to attend the meeting. In- 
side we meet with a crowd of townspeople — staid business 
men, farmers bronzed and gray-bearded, bright young 
fellows just reached twenty-one, the shrewd-faced country 
lawyer, the doctor, the preacher and the schoolmaster. 
Every wide-awake voter attends the town meeting. 

At one end of the room, facing the people, sits a Justice 

^ The latter date for town meetings is fixed in a few counties by special 
State laws; in many others by order of the board of supervisors. The board 
of supervisors of any county has power to fix the time for holding its biennial 
town meetings on any day between February i and May I, inclusive, or on 
the first Tuesday after the first Monday in November (General Election Day). 
A town also may by vote change the date of its town meeting to General Elec- 
tion Day. When the town meeting is held in connection with the General 
Election^ its deliberative features, as described in this chapter, are done away 
with. 

15 



i6 



GOVERNMENT OF NEW YORK. 



of the Peace, the officer chosen to preside. Before him is 
a row of ballot boxes. In charge of these are officers 
known as Inspectors of Election. Near by is a row of 
small booths or stalls with swinging doors, each just about 
large enough to admit a voter. Voters are going in and 
coming out of the booths, each with an official ballot on 
which are the names of fellow-townsmen to be selected as 
public officers of the town for the next two years or more. 
The voters coming from the booths hand their ballots, 
marked and folded, to an inspector of election. The in- 
spector separates the "stub ends" and drops the ballots, 
still folded, through a thin slit in the top of the ballot box, 
and the ballots fall among those already in the box. Ihis 
is the scene which has been going on in the town meeting 

since sunrise. • ..• ^ ^f 

Twelve o'clock noon comes. The presiding justice of 
the peace now declares the meeting open for the discussion 
of the business not to be decided by ballot. Any voter of 
the town may now propose in open meeting any question 
of interest to the townspeople, allowed by the law ; the 
voters present may debate it and decide it, " yes " or "no 
by majority vote ; and if adopted, it becomes one of the 
by-laws of the town. In theory, much important business 
may be discussed and decided in open meetmg ; but m 
practice the town meeting is Httle more than an election 

Powers of a Biennial Town Meetmg.-We find, laid 
down in the laws of New York, that a biennial town meet- 
ing, besides its power to select town officers, has these 
additional powers : 

Power to decide how many constables, not exceeding five the town 
mavTave ; to direct the prosecution or defense of lawsu.ts ,n wh^h 
Te town i interested ; to pass by-laws for the destruction of noxious 



GOVERNMENT BY TOWN MEETING. 17 

weeds and animals in the town ; to establish pounds or enclosures 
where stray animals may be confined ; to abate a public nuisance ; 
to make rules for the management of the public lands owned by the 
town ; to make rules for ascertaining whether boundary fences are 
properly built and kept ; to direct the raising of money for the sup- 
port of poor people in the town who need assistance; and finally, 
a very broad power, described as ** power to determine any other 
question lawfully submitted." ' 

Any proposition relating to the carrying out of any of 
these powers may be introduced by any lawful voter of the 
town meeting, may be discussed, and decided, '* yes *' or 
" no," by majority vote of the meeting ; but no question 
involving the spending of the town's public money may be 
proposed after two o'clock in the afternoon, and any proposi- 
tion to spend over ;^SOO must be decided by ballot. The 
Town Clerk acts as secretary during the discussions, record- 
ing the result of each vote taken. The presiding justice 
of the peace preserves order, and conducts the meeting 
according to the rules of debate. When this deliberative 
business is concluded, the meeting is again opened for the 
election of public officers, and for the determination of 
other questions to be decided by written or printed ballot. 

Procedure in Case of Questions Decided by Written 
or Printed Ballot. — Important propositions relating to a 
town's public business are sometimes decided by written or 
printed ballot, without previous debate in the town meeting. 
In such a case the proposition is first submitted to the town 
clerk, who has ballots prepared both for and against it. 
The clerk causes notices of the proposition and the pro- 
posed vote upon it, to be posted in conspicuous places at 
least ten days before the meeting, so that every voter may 

^ Laws of 1909, Chapter 63, constituting that part of the Consolidated Laws 
called the " Town Law." 



l8 GOVERNMENT OF NEW YORK. 

inform himself and come prepared to cast an intelligent 
ballot. 
Town Meeting a Very Old Form of Government. — 

The principle underlying the town meeting — that of direct 
local government by the people — may be traced in the 
practices of the eariiest known ancestors of the English- 
speaking people. More than half a century before the 
Christian era the Roman general Julius Caesar found 
the fair-haired Teutonic or German ancestors of the Eng- 
lish, living in groups of related families, on the banks of the 
Elbe, the Rhine, and the Weser, and along the borders of 
the North Sea. These family groups moved each year from 
place to place, taking with them their horses, cattle and 
other possessions. The members of each group were 
united by the tie of blood relationship, and each had its 
head man or chief. Such a wandering family group is called 
a clan. It is the first or primitive form of political organi- 
zation among partially civilized people. Questions of inter- 
est to the clan were decided by its fighting members ^ in 
public meeting, much as questions are to-day decided by 
the voters of a town meeting. 

The Mark. — One hundred fifty years after Caesar, the 

* " The earliest form of political union in the world is one which rests, not 
upon territorial contiguity, but upon blood relationship, either real or as- 
sumed," says Mr. John Fiske in American Political Ideas, The primitive 
clan, existing as an enlarged kind of family, had its consultative or legisla- 
tive body, which met for the discussion and decision of questions of interest 
to the entire clan. This consultative or legislative body, according to Mr. 
Herbert Spencer, was at first only a council of war. " Evidence coming 
from many peoples in all times shows," says Spencer in his Political Insti- 
tutions "that the consultative body is at the outset nothing more than a 
council of war. It is in the open-air meeting of armed men that the cluster of 
leaders is first seen performing that deliberative function in respect of military 
measures, which is subsequently extended to other measures." 



GOVERNMENT BY TOWN MEETING. 19 

Roman historian Tacitus wrote of our German ancestors. 
The clan had then ceased to move from place to place. 
Each group of related families had settled down in its own 
village, on its own spot of cleared land in the forest, by 
spring or running stream. About the village were the 
flocks and herds and farms of the village community. Sur- 
rounding such a farmer village was a thick-set hedge or 
palisaded wall to protect it from its enemies; and each 
village, with its farms, was separated from neighboring 
villages by a belt of waste or uncultivated land. This belt 
was called a " mark," and the protecting hedge or wall 
was called a *' tun " (pronounced toon). In course of time 
all within the mark, including the village itself, became 
known as " the mark,'' " the tun,'* or " the town/' Thus 
arose the English words, ** town " and " township." At first 
the farm lands of such a village community were owned in 
common, and once a year in early spring the freemen of the 
town gathered in "tungemote" (town meeting) to parcel 
out these common lands for cultivation. Here on a high 
mound or under the spreading branches of a great tree, the 
"tungemote" decided the customs of tillage and voted 
**yes " or *' no," on the question of admitting strangers to the 
protection of the tun, and to a share of the common lands.^ 

^For a complete account of the mark system, see Stuhhs' Consttfu^wnal 
History of England^ Volume I., Sections 23, etc. Fiske says : " The Mark 
community was a complete self-governing body. The assembly of the marks- 
men, or members of the community, allotted lands for village cultivation, 
determined the law, or declared the custom as to methods of tillage, fixed 
the date for sowing and reaping, voted upon the admission of new families 
into the village, and in general transacted what was regarded as the public 
business of the community. In all essential respects this village assembly or 
mark-mote would seem to have resembled the town meetings of New 
England." 



20 GOVERNMENT OF NEW YORK, 

The Town Meeting Carried into England. — The Ger- 
man ancestors of the English crossed the North Sea to 
Britain in the fifth and sixth centuries. On English soil 
they planted the '* tun " and set up the town meeting. 
Here, as in the forests of ancient Germany, the freemen 
met in '* tungemote," passed "by-laws" for the ordering 
of the town's public business, and chose a ** reeve '' or 
head man, and a ''tithingman," or petty constable. 

Next, the land was divided into parishes, for managing 
church affairs ; but soon town and church affairs came to 
be managed in one meeting, — the '* vestry meeting," — so 
that the town was practically merged with the parish. 
Soon, also, the land was parcelled out into great estates, 
or manors, each owned by a lord ; but still the principle 
of local self-government persisted to some extent, in a 
meeting of the tenants called the Court Leet of the manor. 

The Town Meeting in America. — When the Pilgrim 
Fathers came to America in 1620 they brought with them 
the principle of the town meeting. Before landing from 
the Mayflower, they signed a written document which laid 
down a plan for the government of the settlement which 
they proposed to found. This document is sometimes 
spoken of as the first written constitution adopted by the 
people of America. Under it every freeman was to have a 
voice and vote in the decision of public affairs. The Pil- 
grims were one branch of the great body of religious re- 
formers known as Puritans. Soon after the coming of the 
Pilgrims great numbers of Puritans came to New England, 
where they settled. They grouped themselves in villages 
about the village church, each village surrounded by the 
farms of the villagers, much as the ancestors of the English 
had grouped themselves in the ancient German mark. Here 



GOVERNMENT BY TOWN MEETING. ti 

in its primitive simplicity was again set up the town and the 
town meeting. All the grown men of a New England 
township were expected to attend its annual town meeting, 
held in the spring of the year, to pass by-laws and to elect 
town officers. 

The Town Meeting in New York. — The Dutch, who 
settled New York, were descendants of the same Low- 
German stock as the English. Holland, the home of the 
Dutchmen, " early became an aggregate of towns, each pro- 
viding for its own defense, administering its own finances 
and governing itself by its own laws.^ The Dutch brought 
the principle of the town meeting to " New Netherland," as 
they called what is now New York ; and the Dutch settle- 
ments on Long Island, and along the Hudson River, were 
early given the privilege of choosing their own public offi- 
cers and making by-laws for their own local government 
** according to the customs and manners of Holland."^ 

In 1664 war between England and the Netherlands re- 
sulted in New Netherland becoming an English province. 
It passed into the hands of the English Duke of York and 
became known thereafter as New York. Under English 
rule town meetings were established in New York, at which 
the landowners elected " a constable and eight overseers " 
who acted as a local governing board for the town with 
power to make town by-laws.^ This form of government 
was less democratic than in New England, where the town 
officers simply carried out the wishes of the town meeting. 
In the next chapter will be described town government as 
we find it to-day in New York. 

*Broadhead's ^zV/^ry ^iVJfw York. 

5 Elting's Dutch Village Communities on the Hudson River. 

* Thwaites*s Colonics. 



22 GOVERNMENT OF NEW YORK. 

SUGGESTIVE QUESTIONS. 

Where are town meetings held in your town ? 

Are these meetings held in a single place for the town as 
a whole, or are they held in the different election districts? 

What is the date of the next biennial town meeting in 
your town ? 

Who may vote at town meetings ? 

What are some of the questions that may be decided by 
the voters of a town meeting ? 

What principle of government is common to the ancient 
German clan, the German mark, the English parish, the 
court leet of the manor, and the modern town meeting? 

In what way were the early town meetings of New Eng- 
land more democratic than the first town meetings in New 
York? 



CHAPTER ni. 

Town Officers, Their Powers and Duties. 

In the New York town meeting we saw the voters pass- 
ing from the polling booths, each with an official ballot 
marked and folded, to deposit it in the ballot box. Here 
is the list of officers to be elected : 

Town OflScers. — One Supervisor, one Town Clerk, two 
Assessors, one Collector, one or two Overseers of the Poor, 
one Superintendent of Highways,^ not more than five 
Constables, and two Justices of the Peace. Each is chosen 
for a term of two years, except that the justices of the 
peace and one assessor are chosen for four.^ 

These officers, except the justices of the peace, are known 
as the town's Executive Officers, because they are chosen 
to execute or carry out the will of the people as resolved in 
town meeting, and to execute or enforce other town laws. 
Besides these, four inspectors of election are appointed 
for each election district by the town board, two from 
among the inspectors nominated by the political party that 
cast the most votes in the preceding election, and two from 
those nominated by the party casting the votes next in 
number. And this brings us to the question : How are 
the names of persons to be voted for placed on the official 
ballot > 

^The Superintendent of Highways may be appointed by the town board 
if the town adopts that plan. 

2 There are at any time three assessors for each town, one serving a two- 
year term, one the first half of a four- year term, and one the last half of 
a four-year term. In a few counties all three are elected for two-year terms. 

23 



24 , OVERNMENT OF NEW YORK. 

Naming Candidates for Office In every town and city 

of New York, there are, as we know, two or more political 
parties — Republican, Democratic, Prohibition, Socialist, 
etc., — whose members vote for public officers. The voters 
of each party in a town meet before election day, at the 
time and in the manner prescribed by State law, each 
party in its own nominating convention or primary as- 
sembly. In these meetings the voters choose the men 
whom their party will support for pubhc office at a coming 
election. These ** nominations," as they are called, are sent 
to the officers whose duty it is to prepare the official bal- 
lots, and the names are placed in separate sections on 
the ballot. There is also a space in which any voter may 
write the name of any person for whom he wishes to vote, 
though that person may not have been named by the con- 
vention or primary assembly of any party. The voter takes 
an official ballot, thus prepared, ^ into the voting booth, and 
there indicates by a pencil mark the names of those for 
whom he wishes to vote. The ballots thus marked are de- 
posited in the ballot box, the nominee receiving the most 
votes for a particular office being elected. 

Town Executive Officers — The Supervisor. — The chief 
executive officer of the town is the supervisor. This is a 
comparatively modern office, the first supervisors in the 
towns of New York having been elected under a State law 
passed in 1703. The supervisor receives and pays out all 
moneys raised for the public work of his town, except 
moneys raised for highways and forthe support of the poor. 
Money for highways goes to the superintendent of high- 
ways, and money for the support of the town poor to the 
overseers of the poor. The supervisor, although elected 
> See Chapter XX., The Conduct of Elections, for specimen official ballot. 



TOWN OFFICERS, THEIR POWERS AND DUTIES. 25 

by the people of the town, is a county as well as a town 
officer ; and he represents his town in the law-making body 
of the county known as the County Board of Supervisors. 
This custom of representing the town in the county board 
of supervisors may be traced to an old EngHsh custom of 
sending the " reeve " or head man of each town, and ** four 
discreet men/* to represent the English town in the polit- 
ical gathering known as the ** shire mote," (shire meeting) 
the English shire corresponding to our county. 

The Town Clerk. — The town clerk is a sort of general 
clerk or secretary for the town. He keeps a record of the 
public business transacted at town meetings, and has charge 
of books and papers belonging to the town. Our modern 
town clerk is a lineal descendant of the clerk elected by the 
voters of the parish in the old English vestry meeting. 

Superintendent of Highways. — The town superintend- 
ent of highways has general charge of building and main- 
taining roads and bridges in the town. Few things done 
by the government are of greater importance, especially to 
the farmer, who must haul heavy loads to market at various 
seasons. Money for the town roads is supplied partly by 
the State and partly by a tax levied by the town board 
(p. 28) and collected like the general town tax.^ 

The State has built some State highways, and the State, 
the county and the town have shared the cost of building 
some county highways ; toward the cost of maintaining 
these, the town pays a fixed sum for each mile of such 
highways in the town. All roads must be built and re- 

1 For every dollar of tax levied by the town for ordinary town roads, the 
State contributes an amount varying from fifty cents to one dollar, depending 
on the amount of taxable property per mile of roads. In the construction 
and improvement of certain roads aid is received also from Congress. 



26 GOVERNMENT OF NEW YORK. 

paired according to the methods prescribed by the State 
highway commission. Under these provisions, the roads 
throughout the State are being greatly improved. The 
old earth road, " worked " each spring by the taxpayers' 
own unskilled labor, was often impassable. It is being 
gradually replaced by good roads of improved construc- 
tion, over which heavier loads can be more easily drawn. 

Overseers of the Poor. — Persons in town unable to care 
and provide for themselves or who have no relatives to sup- 
port them, are looked after by the overseers of the poor. 
These officers may assist a poor person at his own home, or 
send him to the County Poor House, to be provided for at 
the expense of the town. 

Constables. — The town constable, although his duties 
are now comparatively humble, may boast of a famous de- 
scent. The constable comes from an ancient German of- 
ficer known as the ** tithingman,'* who was responsible for 
the good behavior of ten heads of families in the old Teu- 
tonic division known as '^ The Hundred, *' ^ a form of govern- 
ment next above the German mark. In England the con- 
stable was elected, sometimes by the townspeople, some- 
times in the manor court, and sometimes in the vestry 
meeting. His duties were to arrest criminals and to keep 
the public peace. The New York constable carries out 
the legal orders of the justices of the peace. On an order 
from a magistrate he may arrest persons accused of crime, 
or he may arrest suspected persons without such an order. 
The name <* constable " comes from two Latin words, 
"comes stabuli,'' meaning a master of horse. It was 

^The Hundred was a political division between the town and the larger 
tribal division corresponding to our county. The State of Delaware is to-day 
divided into ** Hundreds." 



TOWN OFFICERS, THEIR POWERS AND DUTIES, 27 

formerly applied by the kings of France to commanders of 
the army. The name was introduced into England with the 
Norman Conquest, and soon came to mean an officer who 
supported the king in preserving the pubhc peace. 

Assessors and Collector. — The assessors fix, for pur- 
poses of taxation, the value of each man's taxable property, 
the amount of the tax which each individual taxpayer is to 
pay being found by comparing the value of his taxable 
property with the total value of the property in town sub- 
ject to taxation. The collector collects each person's share 
of the taxes, after it has been determined by the proper of- 
ficers. ^ 

Inspectors of Election.— Four inspectors of election pre- 
side at each polHng place ^ of the town meetings or other 
pubHc elections. They receive the official ballots from the 
voters, place them in the ballot boxes, and count the bal- 
lots at the close of election. 

The Justice of the Peace — The justice of the peace is 
the town's judicial officer, and each town has four justices 
elected for terms of four years each. The justice of the 
peace hears and determines suits at law, where the sum sued 
for does not exceed $200, and he tries persons accused of 
petty offenses. He issues warrants ^ for the arrest of persons 
suspected of crime, and though he may not try persons for 
grave offenses, such as murder and burglary, he may ex- 
amine them when arrested and brought before him, and send 
them to jail till they can be tried by the higher courts. A 
justice of the peace may order a constable to summon be- 

* See Chap. XIX., Assessment and Collection of Taxes. 
' A town meeting may sometimes be divided, the voters of each part of the 
meeting casting their ballots at separate polling place^v 
^ See Chap. XVI., How Criminals are Brought to Ju»«s^ 



28 GOVERNMENT OF NEW YORK. 

fore him twelve citizens of the town, who are property 
owners, from among whom six may be drawn as a Justice's 
Jury, to aid in determining the facts in suits tried before the 
justice. The office of justice of the peace may be traced 
to an old English officer known as Conservator of the 
Peace whose duty it w^as to afford protection against unlaw- 
ful force and violence, common during many periods of 
early English history. 

The Town Board.— Nearly all officers of the town re- 
ceive and pay out town money in the discharge of their 
public duties. They account for this money before what js 
known as the town board. This is composed of the sq- 
pervisor, town clerk, and justices of the peace, or any two 
of the justices. Any person having a claim against the 
town may present it to the town board, which may allow 
or reject it. Appeals from decisions of the town board 
may be taken to the county board of supervisors, which 
has power to reverse the decision of the town board. A 
town may elect three Auditors to examine the accounts of 
its officers, instead of having them examined by the town 
board. 

Pay of Town Officers. — Most of the town officers above 
described are paid from two dollars to six dollars a day for 
each day of actual service to the town. Justices of the 
peace, town clerks, and constables are also paid for certain 
services in fees fixed by State law. 

Three Departments of Government. — In our study of 
the town we have seen that its public work is of three quite 
distinct and separate kinds — first, the making of the town 
by-laws by the voters assembled in town meeting ; second, 
the carrying out or executing of the laws by executive 
officers elected at the biennial town meeting ; and, third, the 



TOWN OFFICERS, THEIR POWERS AND DUTIES, 29 

work of judging criminals and trying civil suits at law, per- 
formed by justices of the peace. These three kinds of work 
are known respectively as legislative or lawmaking, execu- 
tive or law-enforcing, and judicial ; and as we study the gov- 
ernments of city, county, and State, and the government of 
the United States, we shall find these three departments — 
legislative, executive, and judicial — running through them 
all. 

The Town and the State. — Thus far we have spoken 
almost entirely of the town as a self-governing political 
unit, whose people make their own laws, and enforce them 
by officers of their own choosing. We have seen, however, 
that the town is a part of the county, and that county 
officers may in some instances interfere in town matters. 
We shall also see that the State government is superior to 
both town and county. Our New York town meetings are 
conducted in strict accordance with a plan laid down by the 
law of the State, while the powers and duties of town 
officers are fixed by State law. The State, while it leaves 
to the people of each town, large freedom in managing 
their own local public affairs, thus provides a uniform plan 
of government for all the towns. 

Paramount Importance of Local Government. — This 
local self-government of town and county under the State 
law, gives at once stability and elasticity to our institutions. 
It permits freedom of action and self-help in every locality, 
and at the same time gives strength and uniformity through- 
out the State. While it is important to have a State gov- 
ernment strong enough to defend the people from public 
enemies, and able to maintain justice, it is supremely im- 
portant that all possible freedom be allowed the people in 
the management of their local affairs, such as is provided in 



30 GOVERNMENT OF NEW YORK. 

the government of the town meeting. In this meeting the 
people come face to face with questions concerning their 
personal and financial interests. They examine, discuss, 
and decide these questions largely for themselves. Before 
they vote money for public improvements they must know 
where it is coming from, and that ultimately it will come out 
of their own pockets. They learn prudence as they de- 
velop strength in self-government. In the government of 
their own town they tend to acquire the skill and knowledge 
necessary to govern the State and the nation, and if need 
be, to extend our sway over foreign peoples in distant col- 
onies. 

Things to Remember. — In our study of the town and its 
government we should remember : 

1. That the town is a municipal corporation or body 
politic, having many powers of self-government conferred 
upon it by State law ; 

2. That the town is a subdivision of the county for pur- 
poses of county government, the supervisor of the town 
being its representative in the county board of super- 
visors; 

3. That the town by-laws are made by the voters of the 
town assembled in town meeting ; that they are enforced by 
the town's executive officers — supervisor, town clerk, con- 
stable, etc. ; that the justice of the peace is the judicial 
officer of the town ; that these three departments of govern- 
ment — legislative, executive and judicial- — extend through- 
out our county, city, State, and national governments ; 

4. That the town meeting, representing the primary as- 
sembly of freemen, is the oldest form of government known 
to the ancestors of the English-speaking people ; appearing 
at different times as the assembly of the clan, the mark, the 



TOWN OFFICERS, THEIR POWERS AND DU7TES. 31 

parish and the manor ; and that this gathering of the free- 
men in mark-mote, vestry meeting, manor court, and town 
meeting, where by majority vote of '' yes " and '' no," they 
order the pubHc affairs, is our nearest approach to that 
direct democratic government described by President Lin- 
coln as " a government of the people, by the people and for 
the people." 

SUGGESTIVE QUESTIONS. 

What officers are elected at a biennial town meeting ? 
For what terms of office ? 

Describe the official ballot voted at town meeting. 

How are the names of candidates for town officers placed 
on the official ballot? 

What officers constitute the town's executive officers? 
Why are they so called ? 

Of what county law-making body is the town supervisor a 
member ? 

Describe the duties of the town clerk, highway super 
intendent, overseers of the poor, constables, assessors, 
inspectors of election, town board. 

The justice of the peace is called the town's judicial 
officer. What does that mean } 

Describe some good roads ; some bad roads. 

ADDITIONAL READING. 

For a comparison of different kinds of township government in 
the United States, including the New York town, see Bryce's Amer- 
ican Commonwealth, Volume I., Chapter XLVIII. On the origin 
of the township, read The Germanic Origin of New England Towns, 
by Herbert B. Adams, in Volume I. of the Johns Hopkins University 
Studies in Historical and Political Science ; also "The Township,** 



32 GOVERNMENT OF NEW YORK. 

in Howard's Local Constitutional History of the United States, in 
the same series. For an account of the transfer of the German mark 
government to EngHsh soil, and the development therefrom of the 
English parish and the English manor, see Hannis Taylor's Origin 
and Growth of th,e English Constitution, Part 1 ; also Stubbs's Co7i- 
stitutional History of England, Volume I., Sections 20 to 45. For a 
picturesque description of the mark system of government as it ap- 
pears in modern times in the smaller Swiss Cantons, see Freeman's 
Growth of the English Constitution From the Earliest TirneSt Chapter I, 



CHAPTER IV. 

The Village and its Government. 

As we drive along a road in the country, a sudden turn 
of the road, or an opening in the trees ahead of us, will 
sometimes show us, all at once, as if set in the frame of a 
picture, the roofs and walls of half a hundred cottages, 
rising from the masses of green foliage surrounding them ; 
while from the center of the clustering mass a church spire 
points its sharp finger skyward. As we go nearer, paved 
or wooden sidewalks replace the footpath along the road. 
We see a store or two, a blacksmith's shop, a shoemaker's 
sign, a post office, a schoolhouse and a mill. Perhaps there 
is a factory with rows of staring windows and rumbling 
machinery. Such a spot of busy life, set among green 
fields and surrounded by farms and rural scenery, we call a 
village. It may have grown up near a waterfall or rapids 
that afforded water power, or on the banks of a navigable 
river or lake, or on a railroad or canal ; or it may have 
none of these advantages. There is always some reason for 
the location of a village, however. If you live in or near 
a village, you should find why it was located where it is. 

Such a village may or may not have its own local govern- 
ment distinct from the government of the town in which it 
has grown up. If it is a village with a population of at least 
200 persons, all living within a square mile,^ its people may, 
under the law of the State, vote to form themselves into a 
distinct municipal corporation, with a village government. 

* Or a whole town, water, lighting, or j6re district, or one or two school 
districts. The minimum population may be 50 under certain conditions. 

33 



34 GOVERNMENT OE NEW YORK, 

Why a Separate Village Government. — Why should 
the people of such a village wish a government independent 
of the town government under which they live ? Because 
in a village sidewalks and curbs must be built, streets must 
be macadamized or paved and kept clean, refuse must be 
removed, street lamps must be erected and lighted, water- 
works and sewers must be established, a fire engine must 
be provided, special rules must be enforced to preserve the 
public health, policemen must be employed and paid, and 
many other common public wants must be supplied, which 
are not demanded by the people in the sparsely settled 
farming districts of the town.^ It .would not be just to ask 
the farmers of the town to help pay for the street lamps 
and waterworks of the village ; and it would not be right for 
these farmers to interfere in matters which concern the 
villagers alone. So a village government is set up within 
the town, but separate from it, to do the public business of 
the village. 

The Village Still a Part of the Town. — Such a sepa- 
rate village government does not, however, exempt the 
village people from the operations of the government of the 
town in which the village is situated. The village is still a 
part of the town for town purposes, and the villagers must 
join with the farmers of the town, and with the residents 
of other villages, in attending town meeting, and in electing 
a supervisor, town clerk, and other town officers. 

Plan of Village Government. — As the State law lays 
down the general plan for the government of the town, so it 
lays down the general plan of village government ; but the 
State leaves to the people of the village, as it leaves to the 

1 The demand for graded and higher schools is often met by the fonnation 
of a union free school district. See Chapter XVIII., " The Public Schools." 



THE VILLAGE AND ITS GOVERNMENT 35 

people of the town, the actual management and carrying on 
of their own local government.^ The State permits the 
people of the village to make local by-laws or ordinances 
to regulate the conduct of persons within the village, as it 
permits the town meeting to make by-laws for the govern- 
ment of the town. The village, like the town, also elects 
its own village officers to enforce its by-laws. 

The Village Charter. — In former times, when the 
people of a certain territory had voted to incorporate them- 
selves into a village and had decided upon its boundaries 
and the details of its government, they took the plan to the 
State legislature at Albany, and asked that it be enacted 
into law. If the legislature considered the plan for the 
proposed village and its government satisfactory, the plan 
was enacted into law, and became the Village Charter. 
Special village charters thus formed still occupy many 
pages in the statute books of the State, and they may be 
as carefully drawn and as elaborate as the State Constitu- 
tion. The following paragraphs refer especially to villages 
organized under the general State law which serves as the 
charter for many villages. 

Four Classes of Villages. — The State law divides vil- 
lages into four classes, as follows : First class, villages with 
a population of 5,000 and over; second, population be- 
tween 3,000 and 5,000; third, population between 1,000 
and 3,000; fourth, population less than 1,000. There are 

1 Article XII., section i, of the New York State Constitution says: "It 
shall be the duty of the Legislature to provide for the organization of cities 
and incorporated villages, to restrict their power of taxation, assessment, 
borrowing money, contracting debts and loaning their credit, so as to prevent 
abuses in assessments and in contracting debt by such municipal corpora- 
tions." Under this rule the Legislature has provided a general plan of gov- 
ernment for the villages of the State. 



36 GOVERNMENT OF NEW YORK, 

different State laws governing the villages of each particular 
class, although each separate village, as before said, makes 
its own local by-laws or village ordinances. 

The Village Trustees. — The village by-laws are made 
by a body of officers called the village board of trustees. 
A village trustee must own a house, land or other prop- 
erty, on which taxes are paid to carry on the village gov- 
ernment ; and the State law requires every village to have 
at least two trustees. Villages of the fourth or third class 
may have as many as four ; second class, six ; first class, 
eight. The village trustees have the management of any 
public property belonging to the village, such as the village 
lock-up, fire engines and engine houses, or the village 
waterworks. They also have control of its public money. 
Village trustees serve without pay. They are elected — one 
half the board each year — at the Annual Village Election, 
which takes place on the third Tuesday in March or the 
third Tuesday in June.^ The right to vote for village offi- 
cers is given to residents of the village who have the 
usual qualifications of voters (p. 135). 

Powers of the Board of Trustees. — Among the powers 
given by State law to the village board of trustees are the 
following: 

Power to establish a village lockup, pound, clock, scales, and 
market ; to establish village fire limits, name streets, employ a village 
attorney, construct drains and regulate water courses, establish and 
regulate the village water supply, and provide lights ; and the trus- 
tees, as a board, have all the powers of separate boards of fire, water, 
light, sewer, and cemetery commissioners, if the village have no such 

1 Unless a town meeting in which the villagers take part is held on that 
day; in such case the village election is held the day after. A separate date 
is provided for the village election, so that village affairs may not be unduly 
influenced by town affairs, or by State or national politics. 



THE VILLAGE AND ITS GOVERNMENT 37 

separate boards. ^ The trustees may make ordinances for the pres- 
ervation of peace and order in the streets and public places of the 
village, regulate public amusements, regulate the speed of locomotives 
and cars at street crossings, subject to the State railroad law ; regu- 
late the use and sale of fireworks, inflammable materials, and gunpow- 
der; regulate the keeping of swine and of calves in the village; and 
may issue certain uniform licenses. The board holds an annual meeting 
on the Monday following the annual village election. A majority, in- 
cluding the village president, constitute a quorum to do business. 
Laws made by the board are known as village ordinances. 

The Village President. — The village president is the 
chief executive officer of the village. He is elected at the 
village election, and he holds office for one year. He acts 
as president of the village board of trustees, and has a vote 
in that body. He is the head of the village police force, 
and he must see that all by-laws and resolutions of the vil- 
lage boards are carried out. He may sue in the name 
of the village for any penalties due it. He serves with- 
out pay, and must own property paying taxes to the 
village.^ 

Other Executive Officers. — Other executive officers of 
the village are Treasurer, Collector, Assessors, Clerk, Street 
Commissioner, and Village Engineer. The first three are 
elected by the voters and serve for one year ; the others 
may be appointed by the board, or the clerk and street 
commissioner may be elected. The board of trustees, 
acting as a Board of Health, elects a Health Officer, who 
must be a physician. The board takes measures to do 

1 Such separate boards usually consist of three commissioners each, ap- 
pointed by the trustees. Or a "municipal board" of three or five com- 
missioners may be appointed to exercise the powers of all such boards. 

2 Any village may adopt a proposition fixing a salary for the president, or 
for trustees, or for commissioners, and may change such salaries from time to 
time. 



38 GOVERNMENT OF NEW YORK. 

away with public nuisances, such as open drains and cess- 
pools, and makes regulations to prevent the introduction 
and spread of disease. The village treasurer receives and 
handles the public moneys of the village raised by taxation 
and otherwise. The village clerk has charge of the public 
documents and records of the village and of its corporation 
seal. He also acts as clerk of the village board of trustees. 
The village street commissioner has, under the direction of 
the village trustees, the general care and supervision of the 
public streets,^ parks, walks, culverts and wells of the vil- 
lage. The compensation and power of all these executive 
officers of a village are largely fixed by the village board 
of trustees. 

The Village Police Court. — A Police Justice may be 
elected every four years by the voters of a village. Persons 
charged with offenses against the village ordinances are 
brought before the police justice, tried and sentenced. The 
police justice, like a justice of the peace, may also com- 
mand the arrest of criminals; and he may hold a Court of 
Special Sessions for the trial of misdemeanors committed 
in the village. 

Special Village Elections. — A special village election, 
similar to a town meeting, may be held, whenever a question 
of interest to the villagers is to be decided, or such a question 
may be decided at the regular election. At such elections 
each proposition is voted upon by ballot, and no person 
may vote on a proposition, unless he or she owns property 
paying taxes to the village. Thus the village taxpayers 



^ The cost of pavement, curbs, sidewalks, or a sewer on a street is paid 
sometimes by the property owners on the street, sometimes by the village, and 
sometimes partly by each. 



THE VILLAGE AND ITS GOVERNMENT. 39 

decide such questions as, ** Shall garbage, or ashes, or both, 
be removed from the buildings in the village at public ex- 
pense?'' " Shall the village establish or purchase a sys- 
tem of waterworks?" ''Shall it put in electric lights?" 
'' Shall it have a separate board of water commissioners ? " 

Important Questions. — Among the most important 
problems likely to arise in any village, is the question 
whether waterworks or a lighting plant (gas or electric 
light) should be owned by the village corporation. 

What are the advantages of private ownership as com- 
pared with public ownership ? Business enterprises are 
usually conducted more economically and efficiently when 
under the control of an individual or a private company, 
than when under the control of pubhc officials. Political 
pressure is often brought to bear on public officers, so as 
to increase the cost of building and operating public works. 
Government employees usually receive higher wages than 
company employees, and sometimes use their influence as 
voters to have their wages raised still higher. 

What are the advantages of public ownership ? Capital 
for the construction of public enterprises can be borrowed 
at a lower rate of interest than for private enterprises. A 
village or city government is under strong influence to 
charge private consumers of water and light as low rates 
as possible, and has little temptation to do otherwise ; while 
a private company naturally desires large profits from the 
business, so that the economies of private management tend 
to increase profits instead of lowering rates. Because of 
the lower interest charges to be met, it is possible for an 
honest and efficient village or city government to supply 
water and light, both for the public streets and for private 
consumption, at lower rates than a private company can. 



40 GOVERNMENT OF NEW YORK. 

Moreover, one of the strongest arguments for municipal 
ownership is that it would put an end to a powerful cor- 
rupting influence — that of rich private companies intent 
upon securing special favors from public officers. 

An increasing number of villages and citi^ss in this coun- 
try are building or buying their waterworks and electric- 
lighting plants, especially the former. The cost of such, 
undertakings is usually met by issuing bonds payable in 
thirty years. ^ When a franchise is granted to a private 
company its terms should be carefully discussed, and the 
interests of the village should be properly safeguarded. It 
is no uncommon thing for a village or city to pay large sums 
to buy back a too liberal franchise that was recklessly or 
dishonestly given away in the first place. 

An adequate water supply is needed partly for use in 
putting out fires. In most villages large enough to have 
any fire apparatus, companies of volunteer firemen are 
organized to operate it. In villages of the first or second 
class, however, a few paid firemen may be employed. 

Things to Remember. — The village, hke the town, may 
be organized as a municipal corporation, with its village 
government independent of town government; but the 
people of such a village are still a part of their town and 
subject to town government. 

The village lawmakers are its president and board of 
trustees. The president is also the chief executive officer 
of the village. The village police justice is its judicial 
officer, though any justice of the peace of the town in 
which a village is located, may exercise his powers in the 
village. 

1 Often the cost of construction and operation may be reduced by combin 
ing the waterworks and lighting plant under one management. 



THE VILLAGE AND ITS GOVERNMENT 41 

Special village elections, similar to town meetings, may- 
be held in a village to decide, ** yes " or '' no," by vote of 
its taxpayers, questions ot interest to the village. 

SUGGESTIVE QUESTIONS. 

Why does a village need a government independent of 
the government of the town in which it is situated ? 

What are village ordinances ? By whom are they made ? 

Tell how a village may obtain a charter form of govern- 
ment. 

What name is given to a member of the village legislative 
body ? 

Name some of the powers of the village board of trus- 
tees. 

What is the chief executive officer in a village govern- 
ment ? 

What judicial officer in the village government corre- 
sponds to the justice of the peace in the town government ? 

Name some purposes for which a special village election 
may be held. Who may vote at such elections ? What 
distinction is made between the voters at a special village 
election, and those who may vote for village officers ? 

To what class does your village belong ? Is it organized 
under the general law or under a special charter t What 
natural advantages or conditions caused the growth of 
your village ? 

Does your village have public or private waterworks? 
A public or a private lighting plant } Answer these ques- 
tions also for other near-by villages. How do the water 
and light rates in your village compare with those in others \ 



CHAPTER V. 

The Government of Cities. 

A CITY is a village grown large, and all that has been said 
of the need and value of a separate government for the in- 
corporated village, applies with even greater force to the 
city. The village contains a few hundreds or thousands of 
people with common public interests, but the city has a pop- 
ulation of tens or hundreds of thousands, and has highly 
organized and complex public activities. The few hundred 
rods of sidewalk and roads in the village, become miles of 
sidewalk and paved streets in the city, traversed by horse 
and electric railroads, honeycombed with sewers and gas 
pipes, crossed and lined by thousands of telegraph and tele- 
phone connections, and studded with a forest of street lamps. 
The village needs a constable or two to keep the peace ; but 
the city must have its trained and disciplined police army, 
with detective bureau, station houses, patrol wagons and 
city prison. 1 The village spends a few thousands of dollars 
to bring pure water from near-by springs into its streets and 
houses ; but the city must spend hundreds of thousands, 
perhaps millions, on its system of waterworks. It must 
have costly aqueducts and water stations, and employ a 
corps of trained engineers. The village may have its single 
fire engine and volunteer fire company ; but the city must 
have a paid fire department, with perhaps hundreds of sig- 
nal stations and dozens of engines. A city may have its 
street-cleaning department, its charities department, its park 

1 The police help to enforce a vast number of laws and city ordinances; 
patrol the city night and day to prevent crime and to protect life and property; 
guard street crossings to regulate traffic and prevent accidents ; attend large 
meetings to keep order; and have many special duties. 

4-2 



THE GOVERNMENT OF CITIES, 43 

department, its department of law, and its department of 
finance — all under competent and well-paid officers. 

Special Forms of City Government. — To do the vast and 
complicated public work of a city requires a special form of 
government, depending on the size and location of the city. 
But though differing in detail, the general plan of govern- 
ment for cities is much the same throughout the State. 
Each city, like each town and incorporated village, is a 
municipal corporation having its own local legislative, exec- 
utive, and judicial officers ; each makes and enforces its own 
local by-laws or city ordinances, as they are called ; and each 
is dependent upon the State for its particular form of mu- 
nicipal government. 

City Charters. — Up to within a comparatively recent 
time there have been few general State laws for the govern- 
ment of cities in New York ; but each village, as it became 
large enough to feel the need of a city government, has 
framed a special plan of government for itself, and applied 
to the State legislature to have it enacted into law. Such 
a plan of city government, defining the powers and duties 
of city officers, is called a charter. Changes in it are made, 
when necessary, by act of the State legislature. 

In 191 3 the legislature conferred a large measure of 
** home rule " on cities generally by increasing the powers 
they could exercise ; and in I9i4it provided several simplified 
forms of government which they could adopt for themselves. 

Ancient Charters. — In very early times the kings of 
European countries had almost unlimited power over the 
people living on the great estates and in the cities of their 
realms. The king parcelled out the land to his chief war- 
riors and nobles, vho lived in great fortified castles, and 
were bound to serve him and fight for him, and to furnish 



44 GOVERNMENT OP NEW YORK. 

soldiers fof the king's army in payment for the use of their 
lands. As cities increased in size and men began to turn 
their attention from fighting and farming to trading and 
manufacturing, it became customary for the people of a city, 
when called upon to furnish soldiers for the army of the 
king or their overlord, to pay instead a sum of money. 
This custom gradually grew into the plan of paying an an- 
nual rent to the king or lord. But it sometimes happened 
that the king or lord of a city wanted more money than its 
customary rent. At such times the city might pay the 
money demanded, on condition that its lord give it some 
privilege or right of self-government, such, for example, as 
the right to have a city court with a judge chosen by the 
people, instead of appointed by the lord. The rights thus 
given at different times to a city were preserved, and to- 
gether formed its charter, which its king or lord could not 
lawfully violate. The great city of London, thus obtained 
in the year IIOI from King Henry I. of England the right 
to elect its own chief magistrate and sheriff. 

Origin of the English Boroughs. — At its beginning the 
English city was little more than an ordinary Enghsh town- 
ship more thickly populated than usual. Such towns grew 
up at the mouths of rivers, on bays or arms of the sea, or 
at the meeting of highways where the people gathered for 
manufacture or trade. As such a town increased in popula- 
tion, and its inhabitants became wealthy, a high and thick 
stone wall, with heavy gates and towers that could be de- 
fended against bands of robbers or other enemies, took the 
place of the original hedge or protecting ** tun." The town 
was now called a ** burh " or borough, which means a fortified 
place. Within the walled borough, government went on 
much as in the ordinary town. The free townspeople or 



THE GOVERNMENT OF CITIES. 45 

" burghers " met in *< borough mote "( borough meeting), 
chose a head man or " borough reeve," and made by-laws 
for the government of the borough. Sometimes the bor- 
ough was composed of several closely united towns or par- 
ishes, in which case its government had features somewhat 
like the government of the English shire or county, the 
borough having its " shire reeve," or sheriff, appointed by 
the king. The free burghers united in guilds or companies 
of weavers, dyers, armorers, gold beaters, merchants, etc.; 
and each guild, as a rule, occupied a different part of the 
town. Each sent its own head man, or " aeldorman " (alder- 
man), chosen by its members to a common city meeting 
or council ; though in some cities the merchant guild seems 
to have been the governing body. When the people of a 
borough had purchased or otherwise received the right of 
self-government, a Mayor chosen by the people took the 
place of the sheriff formerly appointed by the king, and the 
borough community became a municipal corporation, quite 
like our modern cities, with full power to regulate its own local 
affairs and to make by-laws for its own local government.^ 

City Government in the Netherlands. — In much the 
same way as in England, city government grew up in the 
Netherlands, from which came the Dutch, who first settled 
New York. Dutch towns grew into walled cities having 
charters purchased from their counts or lords, giving the 
townspeople the right to levy their own taxes, elect their 
own magistrates, and make their own laws.^ The cities of 

1 Hannis Taylor, Origin and Growth of the English Constitution, 
3 The oldest known city charter is dated A. D. 1 21 7, and may still be seen 
in the town hall in Middleburg. It was given by William I., Count of 
Holland, and Joanna, Countess of Fland'^rs, and declares that "To all 
Middleburgers one kind of law is granted." 



46 GOVERNMENT OE NEW YORK, 

New Netherland, as New York was called, were governed 
in much the same manner, though not at first with the same 
popular liberty, as the cities of Holland. In New Amster-^ 
dam (the Dutch name given to the present city of New York) 
there were elected as early as 1652, a schout, two burgo- 
masters, and five schepens, to act as a local court, and to per- 
form some of the functions of a legislative body. Later, 
the English substituted a mayor and a Board of Aldermen 
for the Dutch schout, burgomasters and schepens. 

Modern City Government in Europe. — In Great Brit- 
ain, France and Germany to-day, as generally in all Eu- 
ropean countries, the members of a city council are elected 
by the people, but the mayor is chosen by the council. In 
France city affairs are under the close control of the 
national government, and in Germany also they receive 
much direction from the various state governments.^ 

Three Classes of Cities. — In the United States cities 
are organized under charters granted by the State legisla- 
tures, or under general State laws.^ Cities of New York 

1 Many European cities have been governed more efficiently than Ameri- 
can cities, partly because their growth was less rapid, because their mayors 
were experts who made their work a profession, and because there was close 
and able supervision by state or nation. More attention has been paid there 
also to careful planning of city growth, so as to make the city beautiful and 
secure the proper and permaneiit location of residence and business streets, 
markets, factories, railroad terminals and street railways. But in recent years 
great improvement in these respects is noticeable in the cities of the United 
States, as the city g.overnments have been made stronger and have realized the 
importance of city planning. 

^ The development of the city is a subject of peculiar interest, for the city 
was the first form of the state. The early Greek or Roman city-state had a 
king who was, at the same time, the high priest. Later we find other officers, 
besides a Senate representing the people. In Italy, Rome gradually con- 
quered the other city-states, which were known as municipia. 

During the Middle Ages, leading cities, like Genoa, Venice, Florence, and 
Milan, acquired complete political independence. Venice was ruled by a 



THE GOVERNMENT OF CITIES, 47 

are now divided into three classes. Cities of the first class 
have a population of 175,000 and over; second class, a 
population between 175,000 and 50,000; while cities of the 
third class include all others. The following outline of 
government applies generally to all cities of the State. 

City Government — The Board of Aldermen. — A city 
is usually divided for convenience in administering the laws, 
into local subdivisions called Wards ; and each ward may 
send its own representative, alderman, or councilman, to 
the Board of Aldermen or Common Council, which is the 
city's law making or legislative body. Sometimes, however, 
the entire board of aldermen or common council is elected 
on one general ballot, by the voters of the entire city. Some 
cities elect an alderman or councilman from each ward 
with a certain number of aldermen-at-large, the latter being 
voted for by the voters of the entire city. Aldermen, in 
common with all elective city officers (except in cities pf the 
third class) are elected at the time of the General State 
Election of an odd-numbered year,^ and they hold office for 

doge elected at first by the common people and afterwards by a Great Council, 
membership in which became hereditary. In all these cities the workmen 
organized in guilds and struggled with the nobles for the control of the city. 
During the thirteenth century, some ninety towns of northwestern Europe, 
largely independent, united in the Hanseatic League (" Hansa," meaning trade 
guild) for the purpose of checking disorder and of keeping open the roads 
for trade. 

At the present day the problem of city government is one of great and 
growing importance. In 1790 the ratio of urban population in the United 
States to the total population was 3.4 per cent. In 1910 the urban population 
had increased to 46.3 per cent. 

^ Laws of 1909, Chapter 55. State officials are elected in the even-num- 
bered years. The purpose of the law requiring different dates for State and 
city elections is to keep State and city politics independent of each other, so 
that a citizen may vote freely and intelligently in a city election without 
being influenced by his desire to support a particular party in the State. 



48 GOVERNMENT OF NEW YORK. 

two years. The powers exercised by the board of alder- 
men or common council are somewhat similar to those of 
the board of trustees in the village, and to the town meet- 
ing in the town. The board of aldermen may make by- 
laws or ordinances for the general local government of the 
city, including its streets, sewers, docks and public build- 
ings. They may grant local franchises or licenses for the 
regulation of particular trades and kinds of business. They 
may fix the tax rate for local purposes, not exceeding the 
limits fixed by State law, and they may vote money from 
the city treasury for the conduct of the public business. 

The Mayor. — The mayor is the city's chief executive 
officer. He is elected by the voters of the entire city. It is 
his duty to enforce the by-laws or ordinances enacted by the 
board of aldermen, and to preserve the peace of the city. 
He has control of the city's police force, and he may call 
out apy regiment of State militia located in the city, to sup- 
press riots or other disorders. In some cities the mayor is a 
member of the common council and presides at its meet- 
ings, and in most cities the mayor has what is called a Veto 
over acts or ordinances passed by the common council. 
'* Veto " comes from the Latin and means '* to forbid " ; and 
the mayor exercises his veto by forbidding or failing to 
approve of a measure passed by the common council. An 
act of the council *' vetoed " by the mayor fails to become 
law, unless the council repasses it by a two-thirds affirma- 
tive vote. This is called ** passing a bill over the mayor's 
veto." Such acts become the law without the mayor's con- 
sent. The mayor may appoint and remove many officials 
and heads of departments in the city government, but in 
exercising this power he is subject to the State ^* Civil 
Service laws," which declare that all appointments and 



THE GOVERNMENT OF CITIES. 49 

promotions in the civil service (that is, in the public service 
outside the army and navy), " shall be made according 
to merit and fitness, to be ascertained so far as practicable, 
by examinations, which so far as practicable shall be com- 
petitive." ^ 

Other Executive Officers of the City. — Associated with 
the mayor in the executive work of the city, some appointed 
and some elected by the people, are such officers as City 
Treasurer, Assessors, Tax Collectors, City Auditors, City 
Attorney or Corporation Counsel, Street Commissioners, 
Superintendent of Schools, Park Commissioners, Civil Serv- 
ice Commissioners, etc., each with his special part of the 
public service to superintend or perform. 

City Courts. — Each city in the State has its own local 
court or courts. Some of the city courts try only criminal 
cases, some try civil suits at law, and some try both kinds 
of cases. Most of the city courts have jurisdiction limited 
to cases of small importance, and are inferior to the county 
and State courts. An important and growing reform in 
our largest cities is the establishment of juvenile courts, 
where children's cases can be tried without bringing the 
youthful offenders into contact with hardened criminals. 
The world is coming to look upon criminals as people to be 
reformed rather than punished; and this is especially pos- 
sible with the young. Offenders sentenced by city courts 
are usually confined in prisons, reformatories, or jails con- 
ducted by the State or the county ; but some cities have 
special penal institutions of their own. 

Special Laws Affecting Cities. — To give the people 
of a city an opportunity to express themselves freely for or 
against measures proposed by the State lawmakers, which 

* New York State Constitution, Article V., Section 9. 



50 GOVERNMENT OF NEW YORK. 

apply specially to their city, there was placed in the last 
revision (1894) of the State Constitution, a section^ which 
provides that the legislature may not enact a special law 
applying to a particular city, without first sending a copy 
of the proposed law to the city, and giving the people a 
chance to be heard for or against it. In cities of the first 
class, the mayor — in others the mayor and common coun- 
cil^ — may accept or reject such a proposed law, and return 
it within fifteen days to the legislature, or to the governor 
of the State if the legislature has adjourned. A proposed 
law thus rejected by a city, or not returned within the speci- 
fied fifteen days, may be passed by the legislature, if in 
session, and signed by the governor, as though it had been 
accepted by the city. If, however, the legislature adjourn 
before the expiration of the fifteen days, and the proposed 
law is returned within that time as accepted by the city, 
the governor may act upon it as in the case of other pro- 
posed laws passed by the legislature ; but if after the 
adjournment of the legislature the proposed law is not re- 
turned, or is returned as rejected, it fails to become a law. 

Limitation of City Indebtedness. — To protect the prop- 
erty owners from a wasteful and careless expenditure of the 
public money, the State Constitution declares that no city, 
county, town, or village, may incur any indebtedness except 
for strictly public or municipal purposes. No county or 
city may go into debt in excess of ten per cent, of the 
assessed valuation of the houses and lands which pay taxes 
within its borders ; and the amount to be raised by tax for 
county or city purposes in any county containing a city of 
over ICM3,000 inhabitants, or in any such city, cannot in any 
one year exceed two per cent, of the assessed valuation of 

* New York State Constitution, Article XII., Section 2, 



. THE GOVERNMENT OF CITIES, 51 

its taxable property, aside from the amount to be raised 
for paying the principal and interest on its existing debt. 
Whenever the boundaries of a city become the same as 
those of a county, the county can go no further into debt, 
but the existing county debt is not included as a part of 
the city debt.^ 

Government in Cities of the Second Class. — Govern- 
ment in cities of the second class is carried on by a common 
council, mayor, and the following departments : Depart- 
ment of Finance, Department of Public Works, Department 
of Contract and Supply, Department of Public Safety, 
Department of Public Instruction, Department of Assess- 
ment and Taxation, Department of Charities, Judiciary 
Department, and Department of Law. 

The common council has authority to enact any ordi- 
nance not inconsistent with the laws of the State for the 
government of the city and the management of its business, 
for the preservation of good order, peace and health, for the 
safety and welfare of its inhabitants and the protection and 
security of their property. The mayor must call the heads 
of the different departments together for consultation on 
the affairs of the city at least twelve times a year. A 
police justice is elected by the people for a term of six 
years. Other officers elected are Comptroller, Treasurer, 
President of the Common Council, four Assessors from the 
city at large, and one alderman and one supervisor from 
each ward. The mayor appoints a Corporation Counsel, 
City Engineer, Commissioner of Public Works, Commis- 
sioner of Public Safety, Commissioner of Charities, and a 
Sealer of Weights and Measures. The mayor, comptroller, 
corporation counsel, president of the common council and 

1 New York State Constitution, Article VIII., Section 10. 



52 GOVERNMENT OF NEW YORK. 

the city engineer constitute a board of estimate and ap- 
portionment, with partial control over the city's finances. 

Government in Other Cities. — In a first-class city there 
are more officers, and in a third-class city, fewer, than in 
cities of the second class. The *' commission " plan of city 
government, which originated in Galveston, Texas, has 
been adopted for a great many cities, including some in 
New York.^ This plan abolishes the separate legislative 
and executive branches of city government, and confers 
ali such powers upon an elected commission, usually of 
-five members, who act as heads of as many executive de- 
partments, and together act as the city legislature, with full 
powers of appointment, removal and compensation of all 
minor city officers. In the ** city manager'' plan^ (as 
adopted in Dayton, Ohio), the commission appoints an ex- 
pert city manager to exercise most of its executive powers. 
Either plan makes for efficiency and concentrates i power 
in so few hands that the people are able to fix the respon- 
sibility for good or bad government.^ 

Special Rights and Duties of iJ3itizens. — The resident 
of a city has more civic rights and duties than the country- 
man, and must observe special restrictions. He has the 
use of expensive parks and streets, for instance ; but is for- 
bidden to drive through them at high speed, and must obey 
various other traffic regulations, besides the ordinary rules 
of the road. He has no right to make a speech on 
the street, or to organize a parade, without a permit from 

1 Beacon, Buffalo, Saratoga Springs, Mechanicsville. 

2 Adopted in Newburgh and Niagara Falls. 

3 In cities governed under the usual plan, the responsibility for an unwise 
measure may sometimes be shifted about from one official or board to another, 
so that the voter cannot tell whom to blame. In a few States, some city 
officials can be removed by vote of the people (the *' recall "). 



THE GOVERNMENT OF CITIES. 53 

the proper officer. Most important of all his rights and 
duties are those of a voter, taking part not only in elections, 
but also in the primaries, where his influence is often most 
powerful for good. 

The Street. — The citizen's interest in municipal affairs 
may well begin at home — in his own street. The street is 
the central and distinctive element of city life, the scene of 
a large part of the city's activities. For some purposes 
each street is a unit of administration and taxation. Origi- 
nally, the land occupied by a street may have been dedicated 
to the city by deed of the owners; or it may have been 
acquired in whole or in part through condemnation pro- 
ceedings,^ the cost usually being charged against the 
property benefited. 

The first cost of grading, curbing and paving^the street, 
and building sewers, is met wholly or partly by assessments 
against the property on the street.^ After it has been con- 
structed, the city cares for, cleans and maintains it. Side- 
walks are built or paid for by each owner individually, and 
must be kept clean by him. When it is necessary to tear 

1 The common council orders the laying out of the street, and has it mapped 
Commissioners are appointed by a court to hear evidence offered, award the 
damages for property taken, and assess the cost of the whole proceeding 
against the owners of property on the new street. The fees charged by such 
commissioners for their services are sometimes large. 

2 The cost of paving varies with the location, cost of labor, etc. Block 
stone pavements sometimes cost $2 or ^3 per square yard ; asphalt, about 
the same; wood block, a little more; brick and concrete, a Httle less. Mac- 
adam or broken stone roads may cost from 50^ to 75 ^ per square yard; the 
butolithic, combining the excellent qualities of macadam and asphalt, $2 to 
$2.50. Stone pavements are likely to be the most durable, but much depends 
on the frequency of repairs. The proper kind of pavem^ent for a given street 
depends on the kind of traffic and the grade of the street. 

^ The entire cost of bridges, on the other hand, is usually paid by the city. 



54 GOVERNMENT OF NEW YORK. 

up the pavement to make connections with water mains 
or sewers, or for other purposes, permission to do so must 
be secured from the proper city ofificer, and the pavement 
must be properly replaced without cost to the city. In a 
poorly governed city it may happen that sewers are built, 
gas mains laid, and the like, shortly after a street is paved, 
instead of before, thus causing extra expense because of 
the necessity of replacing the pavement. The citizens on 
any street should be especially interested in seeing that 
work on the street is done properly. Much good can often 
be accomplished by personal interviews with the responsi- 
ble city officials. 

Special City Problems. — The good citizen must make 
himself familiar with the problems of city government, so 
that he may exert an intelligent influence in their solution. 
These problems are many. 

Sewers, — In former years, sewers were almost always 
built to empty directly into the nearest ^stream or large 
body of water. This is usually, but not always, the 
cheapest method of sewage disposal ; but in many cases 
it causes serious pollution of waters and shores, and great 
danger of spreading infectious diseases. A newer and 
better method is to have the sewage flow first into under- 
ground tanks (where the solids in it quickly become liquid, 
through the action of bacteria); and then intermittently 
through beds of broken stone, gravel, and sand, where the 
oxygen of the air completes the work of purification, so 
that the liquid finally flowing away is entirely harmless. 

Profit-paying Public Utilities, — The problems of water 
and light supply are similar to those of a village, but greater. 
The privilege of putting water or gas mains or electric 
wires or car tracks in the streets is very valuable, and 



THE GOVERNMENT OF CITIES, 55 

if it is given to a private company, the interests of the city 
and of private consumers should be carefully guarded in 
the franchise by which the board of aldermen grants the 
privilege.^ Most cities in this country have publicly owned 
waterworks, some have municipal lighting plants,^ and in a 
few it is proposed that the city shall own street railways. 
Some of the advantages and disadvantages of public 
ownership are as stated on pages 39-40, but the difficulties 
of public management increase with the complexity of the 
service, while large cities lack an important advantage of 
a village — the personal acquaintance of most of the citi- 
zens with their public officers, which often serves as an 
incentive to efficiency. Many cities in Europe own such 
public utilities and manage them with success. Whether 
they are publicly or privately owned, no modern city can 
exist without them, and the welfare of any city depends 
largely on their proper management. 

There are very many details calling for careful consideration and 
good judgment. As cities grow larger, for instance, it is necessary to 
free some of the streets from overhead wires strung on poles, and they 
must be transferred to underground pipes or conduits. Also, to carry 
passengers long distances quickly, some of the street railways in very 
large cities must be built in subway tunnels, or on elevated structures, 
where they will not interfere with traffic on the street level. 

Steam railways have in a few cases been given the right to lay tracks 
in city streets; with the growth of the city and of the railway traffic, 
this leads to many accidents. Accidents occur also where a railway 

1 One important clause in some franchises limits the privilege to a certain 
number of years (as 25 or 50), after which the city may come into ownership 
of the mains, wire, or track, or may readjust the terms of the franchise. A 
law of 191 3 now limits the term of franchises to 50 years, but provides for a 
suitable extension under certain conditions. 

2 In a few cases these supply gas or electricity for street lights only^ but 
generally they sell to private consumers also. 



56 GOVERNMENT OF NEW YORK. 

crosses streets at grade ; therefore, many grade crossings are being 
abolished, by raising or lowering either the street or the railway, and using 
a bridge, — the cost being divided between the railway and the public. 

Street Cleaning. — Efficient cleaning of the city streets 
is now known to be essential to health as well as to comfort. 
In cities where the winters are mild, traffic is carried on by 
wheeled vehicles the year round, and after each snowstorm 
it is necessary to remove the snow from the busiest streets. 
Such removal of snow often causes a large increase in the 
expenditure for street cleaning. 

Building Laws. — Much of the land in cities is held at 
such high prices that it pays to put up buildings many 
stories high. If constructed improperly, buildings may 
fall, or may be especially liable to fires, or may have 
inadequate water and sewer connections, and so little light 
and ventilation as to be unhealthful dwelling places. To 
protect citizens from unscrupulous builders, the State 
legislature and the city councils have made many regula- 
tions concerning the erection of buildings. In parts of 
the city only fireproof materials are allowed to be used; 
buildings may be erected only after the plans have been 
submitted to the city authorities, and a permit given ; and 
often the work is watched by city inspectors as it pro- 
gresses from day to day, to see that in all details it meets 
the requirements of the city to secure safety and health. 
The code of building laws in some cities is longer and 
more elaborate than a State constitution. 

In a city with wise and well-enforced building laws, and with a well- 
equipped and efficient fire department, there will be few destructive fires. 
As a result, insurance rates there will be lower than in other cities. 

The tenement-house problem is especially serious in some cities, 
where many tenements h^ve beeii built without sufficient provision for 



THE GOVERNMENT OF CITIES, 57 

light and air. A five-story house twenty-five feet wide and seventy-five 
feet deep, for instance, with no space between it and adjoining houses, 
may be cut up into ten or even twenty different tenements, each occu- 
pied by one or more families. Tuberculosis and other diseases are apt 
to flourish in crowded, dirty and ill -ventilated tenements. Modern 
requirements for new buildings call for adequate air shafts, or vacant 
spaces, so that each room may have an outside window. Some kinds 
of manufacturing are forbidden in tenements. In some large cities 
there is a tenement house department to enforce the tenement laws. 

Markets, Parks, Museums, Hospitals, etc. — For the 
welfare of its citizens the city does many things that can 
be done most satisfactorily by cooperative effort. Markets 
provided by the city help to make possible the sale of pro- 
visions at fair prices. Parks, playgrounds, recreation piers, 
public baths and washhouses maintained by the city are 
important aids to the pubhc health and happiness. The 
city may also provide free concerts, and free lectures either 
in connection with its schools or otherwise.^ It sometimes 
contributes to the support of museums and hospitals estab- 
lished by private effort. So many sick and injured are 
unable to care for themselves that the city may provide for 
free clinics, and may also build and support hospitals of 
its own. The chief duty of the health department, how- 
ever, is to prevent diseases so far as possible. A city may 
also give temporary relief to the poor, and may maintain, 
or contribute toward supporting, special institutions for 
the care of the pobr. 

City Finances. — The largest expenses are for main- 
taining streets and schools, and the police and fire 
departments. For example, the following table shows one 
year's ordinary expenses of one city in this State, with a 

^ For city schools, the compulsory school law, etc., see Chapter XVIII, 
"The Public Schools," 



58 GOVERNMENT OF NEW YORK. 

population of about 70,000, with the proportions of the 
total expenditure devoted to each purpose : 

Per cent of Total, 

Fire Department $125,000 8.3 % 

Police Department 165,000 10.9 

Health Department 40,000 2.6 

Schools 455,000 30.1 

Parks and Recreation Centers . . . 13,000 .9 

Baths (net cost of maintenance) . . 2,500 .2 

Free Concerts 500 ,03 

Public Library . . . • . . , . 10,000 .7 

Care of Poor 15,000 l.o 

Care of Sick and Injured 14,000 .9 

City Courts 17,000 l.i 

Street Lighting 108,000 7.2 

Care of Streets, and Garbage Disposal . 215,000 14.2 

Miscellaneous Salaries and Expenses . 137,000 9.1 

Interest on Bonds and Notes .... 192,000 12.7 

$1,509,000 

The revenue of the city is derived partly (i) from fees 
charged for licenses to carry on certain kinds of business 
in the city, according to the ordinances of the city council ; 
(2) from fees charged for the services of some city offi- 
cials; (3) from fines levied on offenders against the city 
ordinances ; (4) from part of certain special taxes levied 
by the State; (5) in some cases from the profits of munic- 
ipal water works, lighting plants, etc.; (6) in some cases 
from rentals of public property owned by the city ; ^ but 
(7) chiefly from taxes levied on the real estate in the city, 
and the personal property owned by the citizens, in the 
manner described in Chapter XIX. 

Most of this direct tax on property falls on real estate, because all 
land and buildings are easily found and assessed by the assessors, 

1 New York city, for instance, derives a large revenue from the publicly 
owned docks. 



THE GOVERNMENT OF CITIES. 59 

wliile valuable personal property is concealed from them. A person 
assessed for personal property may "swear off" the assessment by 
making oath that he does not own so much, or may avoid the tax by 
establishing his legal residence elsewhere. Assessors dislike to make 
honest men pay more than dishonest, and dislike to increase unfairly 
the proportion of the county and State tax to be paid by their own 
locality. For these reasons only a part of the personal property owned 
by citizens in this State is taxed, and the proportion is becoming stead- 
ily smaller. The special assessments made against property benefited 
by the opening and improving of city streets (p. 53) of course fall 
entirely on real estate. 

Because of the various activities of the city in ways that cost much 
money per capita, the city tax is much larger than the proportion of 
State and federal taxation paid by the same citizens. The annual city 
tax may be as much as i or 2 per cent of the value of the property. 

T^he Budget. — The common council fixes the tax rate 
for each year. In first and second class cities the head of 
each department requests certain appropriations for the 
ensuing year; the board of estimate and apportionment 
considers these and prepares a budget, in which it may 
recommend greater or smaller appropriations ; and the 
common council then passes upon it, lowering such items 
as it deems too large (but with no power to increase any), 
and fixing the tax rate necessary to yield the proposed rev- 
enue, as calculated from the budget and from reports of 
the preceding year's income and expenses. 

SUMMARY. 

A city is a municipal corporation, created by State law, 
and provided with a special form of government fixed by 
the city charter. 

The city charter is granted by the State legislature, and 
may be amended or abolished at any time by that body. 



6o GOVERNMENT OF NEW VORti. 

Charters were granted to the early cities in England and 
the Netherlands by the king or other feudal lord of the city, 
usually in return for money payments made by the city. 

The board of aldermen or common council constitutes 
the city's legislative department. The mayor is the city's 
chief executive officer. It is the duty of the mayor to en- 
force the law within his city, and he has a veto power over 
ordinances passed by the city's legislative body. The 
mayor's power of appointment is Hmited by the State civil 
service law. Each city has its special city court or courts, 
with powers and duties fixed by the city charter. 

Special State laws limit the power of a city to go into 
debt. No law applying specially to any particular city may 
be enacted by the State legislature, unless submitted to the 
common council or mayor of the city for acceptance or 
rejection by the city. But such rejection of a proposed law 
may not necessarily prevent the legislature from enacting it. 

City government is so important, and has so many diffi- 
cult problems to meet, that it should receive the careful 
study and help of all citizens. 

SUGGESTIVE QUESTIONS. 

What is a city charter ? What power may grant, amend, 
or abolish such a charter ? 

What classification of cities exists in New York State ? 

Describe the legislative body of a city in this State ? 
How are its members chosen ? 

What is a city ordinance ? 

Who is the city's chief executive officer ? What power 
has he in the making of city ordinances ? 

What State law limits a mayor's power to appoint officers 
in the city government ? 



THE GOVERNMENT OF CITIES, 61 

What limit is there to the power of a city to go into 
debt? 

How are the people of a city given opportunity to be 
heard for or against laws proposed in the State legislature, 
which apply specially to their city ? 

What natural advantages and other conditions have led 
CO the growth of your city ? 

To which class does your city belong ? 

Make out a table showing the chief officials of your city, 
and their duties. (Get a copy of the city charter.) 

Which official in your city is responsible for the care of 
the streets } the bridges } the sewers t street lights ? street 
cleaning.'^ the water supply.? How does their work com- 
pare with that of similar officials in other cities in this and 
other States.'^ How does each get his position.'^ How 
may he be made to do his work properly 1 

Make out a table for your city like that on page 58. 
(Get a copy of the city comptroller's report.) 

Discuss the advantages of public or private ownership 
of waterworks, lighting plants, street railways. How are 
these utilities managed in your city } How are .franchises 
for private companies obtained } 

ADDITIONAL READING. 

For an account of the development of the 'English boroyigli, .see 
Hannis Taylor's Origin and Growth of the English Constit^tia^,, ;Book 
I,I|I. ; ,^1^9 $tutih^*s Constitutional History of Engla;^(^^ ^VoIume I., Sec- 
tions 29 to 45. |Read also "The jE^glis^i JTowns,'' Section IV. of 
Chapter IV., Green's Short History ofifi.e English People. For a gen- 
eral account of American city govjernments, see Bryce's American 
Commonwealth., Volume I., Chapters L. and LI. For a discussion of 
important municipal problems, see Bemis's M^micipal Monopolies; 
Judson's City Roads and Pavements ; Hazen's Clean Water and How 
to Get it ; Rowe's Pro^lem^ of City Governments 



62 



CITY OF :N^EW YORK 



BOROUGHS ANB 

DISTRICTS FOR HOME RULE AND 
LOCAL IMPROVEMENTS 

(As altered by Act of 1916) 
SCALE OF MILES 

I I I 1 1 1 ■ r 

12 3 4 




CHAPTER VI. 
Greater Nevr York. 

At the mouth of the Hudson River, facing the ghttering 
waters of New York Bay, through whose narrow strait the 
ships of all nations carry on a mighty commerce between 
the old world and the new, stands the city known as Greater 
New York. Five counties — New York, Kings, Bronx, 
Queens, and Richmond — are included within its borders; 
and it unites under a single city government the former cities 
of New York, Brooklyn, and Long Island City, and the teem- 
ing villages on Staten Island, and in Kings and Queens coun- 
ties, outside the former Brooklyn and Long Island City.^ 
The population of greater New York is now more than 
five millions, making it the second city in size on the 
globe, and by far the largest city on the American conti- 
nent. It contains considerably more people than the com- 
bined States of Maine, New Hampshire, Vermont, Connecti- 
cut, Rhode Island and Delaware, with the District of 
Columbia and Wyoming thrown in for good measure. 

This mighty city — New York — was created by the State 
legislature of 1897, its people having previously expressed 
themselves by ballot taken at a regular election, as in favor 
of uniting their separate governments in a single munici- 
pality. The legislature then enacted a charter for the 
great city, which is now entitled under the law to elect 

1 Three towns of the former Queens County were erected by the legislature 
into the County of Nassau. 

64 



GREATER NEW YORK. . 65 

more than two fifths of the assemblymen and senators in 
the legislature of the State. The teeming population of this 
great city, equal in number to about half the population 
of the State, and to more than the entire population of the 
United States when Washington was made President, and 
holding about sixty-five per cent, of the taxable property 
in the whole State,^ is, however, under the law of the State, 
as powerless to govern itself as the smallest town or incor- 
porated village. Its vast public activities are confined 
rigidly within its charter fixed by the State, and it cannot 
lay out a new park, wid^n an old street, establish a munici- 
pal ferry or subway, or spend a dollar for public purposes, 
except as the State legislature gives it power to do these 
things through specific provisions of the city charter. 

The Government of New York. — New York, like the 
other municipal corporations of the State, has its own local 
legislative, executive, and judiciary departments of govern- 
ment, with powers and duties fixed by the city charter. 
For local government purposes, the city is divided into five 
Boroughs. These are the Boroughs of Manhattan and 
The Bronx, embracing the former city of New York, and 
the present counties of New York and Bronx ^ ; the Bor- 
ough of Brooklyn, including Kings county and the former 
city of Brooklyn ; the Borough of Queens, including the 

1 The equalized value of real estate and taxable personal property in 191 7 
for the whole State was $12,091,437,643. Of this amount the five counties 
of the city of New York had $7,836,811,465. 

2 The Borough of Manhattan includes Manhattan Island, Governors Island, 
Bedloes Island, Ellis Island, the Oyster Islands, Blackwells Island, Randalls 
Island, and Wards Island. The Borough of the Bronx includes that portion 
of the city of New York lying northerly or easterly of the Borough of Man- 
hattan between the Hudson River and the East River or Long Island Sound, 
including a large area of mainland and several islands. 



66 




CITY HALL AND MUNICIPAL BUILDING, NEW YORK. 



GREATER NEW YORK. 67 

present Queens county; and the Borough of Richmond, 
having the boundaries of the present Richmond county. 

The Board of Aldermen. — New York's chief local legis- 
lative body is the Board of Aldermen. Formerly this 
board, under authority given to it by the State legislature, 
made all important local regulations or by-laws for the 
government of the city. It now shares this law-making 
power to a considerable extent with other local boards. 
Thus the Board of Estimate and Apportionment grants 
franchises for the use of streets and other public property, 
while the Park Commissioners, the Board of Education, 
and the Health Board make by-laws pertaining to their 
respective departments. The Board of Aldermen consists 
of sixty-seven aldermen (according to the charter as 
amended in 191 7), elected from as many alder manic dis- 
tricts ; a president elected by the voters of the entire city 
at the time of the election of the mayor and for the same 
term of office, namely, four years ; and five borough presi- 
dents, likewise elected for four years. The borough of 
Manhattan contains twenty-seven of the aldermanic dis- 
tricts ; Brooklyn, twenty-four ; the Bronx, eight ; Queens, 
five ; and Richmond, three. 

The aldermen are elected by the voters of their respec- 
tive aldermanic districts at the general elections in the odd- 
numbered years. They hold office two years, and receive 
an annual salary of $2,000 each. The aldermen appoint a 
clerk of the board, who is also the city clerk. He serves 
six years at an annual salary of $7,000. The president of 
the board of aldermen is the acting mayor of New York 
during the absence or disability of the mayor. He receives 
an annual salary of $7,500. A majority of the board 
constitutes a quorum for the purpose of doing business. 




A POLICE STATION IN THE CITY OF NEW YORK. 







STREET CLEANERS, CITY OF NEW YORK. 



GREATER NEW YORK. . 69 

Powers of the Board of Aldermen. — The board of alder« 
men sits in tlie Borough of Manhattan, and it must hold at 
least one meeting a month, except during the months of 
August and September. The board has power to pass 
local by-laws or ordinances for the city upon subjects enu- 
merated in the charter. Ordinances are passed by a majority 
of all the voting members of the board ; but no ordinance 
involving the spending of the pubHc money, or the mak- 
ing of a specific public improvement may be passed ex- 
cept by unanimous vote of the board, until at least five 
days after an abstract of its provisions has appeared in 
the official paper known as the '' City Record." This 
prevents undue haste and gives the people an opportu- 
nity to be heard. The board has power to make and enforce 
local police, health, park, fire, and building regulations, not 
inconsistent with the charter, nor contrary to the laws of 
the State and of the United States. The board may make 
by-laws, among other things for : 

The establishment and regulation of public markets, parks, streets, 
boulevards, bridges, docks, waterworks, schoolhouses, and other pub- 
lic buildings of the city ; for the inspection and sealing of weights 
and measures ; the inspection, weighing and measuring of coal, 
wood, hay, etc. ; for the numbering of houses and lots ; for regu- 
lating public cries, advertising noises, steam whistles, etc. ; regulating 
the use of guns, pistols, fireworks, etc. ; regulating places of public 
amusement, the construction and use of hydrants, cisterns, sewers, 
pumps, etc. ; regulating partition walls and fences ; for hcensing 
truckmen, hackmen, expressmen, pawnbrokers, and others; for the 
suppression of vice and immorality, and the prohibition of gambhng 
houses. The board may also restrict the height of buildings ; change 
ward boundaries; and it may on recommendation of the board of 
estimate and apportionment, fix generally the salary or compensa- 
tion of any officer or person paid out of the city treasury, except 
day laborers, teachers, examiners and members of the supervising 



70 ' GOVERNMENT OF NEW YORK. 

staff of the department of education. It may reduce salaries recom- 
mended by the board of estimate and apportionment, subject, how- 
ever, to the veto power of the mayor. The board may, within the 
Hmits fixed by State law, authorize the city to issue its bonds for 
needed public improvements. 

The Mayor. — The mayor is the executive head of the 
city. He is chosen at the general elections in the odd- 
numbered years, for a term of four years, by the voters of 
the entire city. He receives an annual salary of $15,000. 
The mayor must be vigilant and active in enforcing the city 
ordinances and the laws of the State. He must keep him- 
self informed of the doings of the different departments of 
the city government, and once a year he must communicate 
in a written message to the board of aldermen a general 
statement of the finances, government and improvements 
of the city, recommending such measures as he deems ex- 
pedient. The mayor appoints in most instances the heads 
of the different departments in the city government, and he 
has power to remove generally any city official holding 
office by appointment of the mayor.^ The mayor himself 
may be removed from office by the governor of the State. 

Veto Power of the Mayor. — All by-laws or ordinances 
passed by the board of aldermen must be sent to the mayor 
for his approval or rejection. If the mayor approve a pro- 
posed ordinance, he must sign it and return it within ten 
days after receiving it to the board of aldermen or to the 
board at its next meeting.^ If the mayor disapprove a 

1 The exceptions are members of the board of education, the aqueduct 
commissioners, the trustees of the College of the City of New York, the 
trustees of certain hospitals, and judicial officers whose removal is provided for 
by the constitution. 

2 A proposed ordinance involving the appropriation of public money, the 
granting of a franchise, or the making of a specific improvement, must be 



GREATER NEW YORK, 71 

proposed ordinance he must return it within the time speci- 
fied with his written objections. This is the mayor's veto. 
The board of aldermen, after ten days and within fifteen 
days after receiving the veto, may repass the proposed ordi- 
nance over the mayor's veto by an affirmative vote of at 
least two thirds of the members ; except that a proposed 
ordinance involving the expenditure of public money, the 
creation of a debt, or the laying of an assessment may be 
passed over the mayor's veto only by an affirmative vote of 
three fourths of the members. The mayor also has a 
final veto on resolutions granting a franchise (p. 72). 

City Administrative Departments. — Associated with the 
mayor in the executive government of the city, are fifteen 
departments, with heads in nearly every instance appointed 
by him.^ These are the department of finance, law 
department, police department, department of water supply, 
gas and electricity, department of street cleaning, department 
of plant and structures, department of parks, department of 
public charities, department of correction, fire department, 
department of docks, department of taxes and assessments, 
department of education, department of health, and tene- 
ment house department. Each of these departments is 
headed by one or more men, usually called commissioners. 

The Department of Finance. — Very important among 
the administrative departments is the department of finance, 
headed by the comptroller, who is elected at the time of the 
election of the mayor, by the voters of the entire city. The 

returned within the time specified after an abstract of its provisions has been 
published in the " City Record." 

1 The exceptions are the head of the department of finance, and the head 
of the department of education, who are elected — the former by the people, 
the latter by the members of the board of education. 



72 GOVERNMENT OF NEW YORK, 

comptroller serves four years at an annual salary of ;^i 5,000. 
He has general charge of the financial affairs of the city, 
and revises the accounts of its various departments. The 
department of finance includes bureaus for investigation 
and the preparation of statistics ; for the collection of inter- 
ests, rents and moneys due from sales ; for the collection of 
taxes ; for the collection of arrears ; for the auditing of city 
accounts ; and for the reception of all moneys into the city 
treasury, and the paying out of the same. The last-named 
bureau is in charge of the city treasurer or chamberlain, 
appointed by the mayor at an annual salary of ;^i 2,000.^ 

The Board of Estimate and Apportionment. — The mayor, 
comptroller, president of the board of aldermen, and the five 
borough presidents, constitute a board of estimate and 
apportionment. It is the duty of this, board once a year to 
make up a budget or statement of the estimated expenses of the 
city, which is afterward passed upon by the aldermen. 
The board may by a three-fourths vote (subject to the 
mayor's veto) give private persons or corporations a fran- 
chise or right to use the streets, wharves, parks, or other 
public property of the city. In this board the mayor, 
comptroller, and president of the board of aldermen have 
three votes each, the president of the Borough of Man- 
hattan and the president of the Borough of Brooklyn two 
votes each, and the presidents of the Boroughs of The 
Bronx, Queens, and Richmond, one vote each. 

The Law Department. — The head of the city's law 
department is the corporation counsel, appointed by the 
mayor, at an annual salary of ;$i 5,000. He has charge of 
the official law business of the city and its various depart- 
ments, and he is the legal adviser of the city government. 

1 Also treasurer of New York and Bronx counties. 



GREATER NEW YORK. 73 

The Police Department. — The head of the poHce depart- 
ment is the pohce commissioner, appointed by the mayor 
for a term of five years at an annual salary of $7,500. The 
police commissioner is the chief of police. He appoints 
several deputies and inspectors, and an army of policemen. 
He may also discharge any member of the police force 
after holding trial. 

Borough Officers. — The voters of each borough of New 
York elect a borough president. He is elected for a term 
of four years, but may be removed by the governor. He 
receives an annual salary of $7,500 in the Boroughs of Man- 
hattan, Brooklyn, and The Bronx, and $5,000 in Queens and 
Richmond. Each borough president has general charge 
and oversight of the public streets, sewers, bridges, tunnels, 
and buildings ^ within his borough. He looks after the con- 
struction of new streets, regulates the construction and lay- 
ing of surface railroads, looks after the filling in and fencing 
of vacant lots, and the removal of encumbrances. He may 
appoint, and at pleasure remove, a commissioner of public 
works and a superintendent of buildings for his borough. 
In Queens and Richmond the borough presidents also have 
charge of street cleaning. 

Boards of Local Improvements. — For purposes of home 
rule and local improvements, the city is divided into twenty- 
four districts of local improvements corresponding quite gen- 
erally in size and extent to the senate districts.^ In each 
district of local improvements there is a board of local 
improvements, known as the 'Mocal board." Each local board 
is composed of members of the board of aldermen within 

1 Except schoolhouses, almshouses, penitentiaries, fire and police stations. 

2 The boundaries of the districts of local improvements are shown on the 
map, pages 62-63. 



74 GOVERNMENT OF NEW YORK. 

the district, and each is presided over by the borough presi- 
dent of the borough in which the board is located. A local 
board has power to open streets, establish parks, and con- 
struct tunnels and bridges where the adjoining property 
bears a part of the expense ; but plans for such improve- 
ments must be first approved by the borough president, and 
by the board of estimate and apportionment,^ and, in a case 
where the charge imposed upon the whole city is more than 
^500,000, by the board of aldermen also. A local board 
may also investigate matters concerning the peace and good 
government of the neighborhood. 

Other Departments. — The department of water supply, 
gas and electricity, the department of street cleaning, and 
the department of plant and structures are headed respec- 
tively by the commissioner of water supply, gas and elec- 
tricity, the commissioner of street cleaning, and the commis- 
sioner of plant and structures, each appointed by the mayor, 
at a salary of $7, 500. Each commissioner administers his de- 
partment under regulations imposed by the board of alder- 
men. The department of parks is headed by the park board, 
composed of four commissioners of parks, appointed by the 
mayor at an annual salary of $5,000 each. The board of 
water supply consists of three commissioners appointed 
by the mayor at salaries of $12,000 each. This board 
is charged with the development of Catskill Mountain 
sources in order to enlarge the water supply of the city. 
Other heads of departments appointed by the mayor are 
the commissioner of public charities, salary, $7,500; 
the municipal civil service commissioners, salary $5,000 
(president receiving $6,000); the commissioner of cor- 

1 Proposed improvements costing less than ^2,000 need not be submitted to 
the board of estimate and apportionment. 



GREATER NEW YORK. 75 

rection, salary, ;^7, 500 ; the fire commissioner, salary, $7, 500 ; 
the commissioner of docks, salary, $7,500; seven commis- 
sioners of taxes and assessments, salary, $7,000 (the presi- 
dent receiving $8,000) ; a tenement house commissioner, 
salary, $7,500. 

Department of Education. — The mayor appoints the 
Board of Education, consisting of seven members — two 
from Manhattan, two from Brooklyn, and one each from 
the Bronx, Queens and Richmond. The members are ap- 
pointed for terms of seven years each, and they serve with- 
out pay. The board has the management and control of 
the public schools of the city ; appoints a city superintend- 
ent of schools, eight associate superintendents, and many 
district superintendents. The board has power to divide 
the city into local school board districts (46 in 191 7), and 
each borough president appoints five members of a local 
school board for each district within his borough. These, 
with one member of the board of education and one dis- 
trict superintendent, constitute a local school board for the 
district. 

Department of Health. — The commissioner of health, 
appointed by the mayor at a salary of $7,500, the police 
commissioner, already mentioned, and the health officer of 
the port, appointed by the governor of the State, constitute 
the board of health. This department has authority to en- 
force the laws for the preservation of life and health through- 
out the city, and over the waters within its jurisdiction. 

County Government in the City of New York. — Each 
county included within the borders of New York has its 
separate county government, independent of the govern- 
ment of the city, and in many respects the same as county 
government in other parts of the State. There are, how- 



76 GOVERNMENT OF NEW YORK. 

ever, no town governments in Greater New York, and con- 
sequently no such officers as town supervisors or county 
boards of supervisors. Each county has, however, its 
sheriff, county clerk, district attorney, and other county 
officers, and, except in New York county, its county court. 

Courts in New York — The Supreme Court. — New 
York and Bronx counties form the first judicial department 
and the first judicial district of the State; while the Bor- 
oughs of Brooklyn, Queens, and Richmond are included 
in the second judicial department and the second judicial 
district. In all boroughs of the city the Supreme Court 
and its appellate division have jurisdiction, as in other 
parts of the State ; and special laws largely increase the 
compensation of supreme court judges. 

County Courts in New York. — Kings, Queens, Bronx, 
and Richmond counties have each a county court and a 
surrogate's court, with powers and duties quite similar to 
such courts in other parts of the State. Kings county 
elects five county judges. New York county has no 
county court, but elects two surrogates for terms of four- 
teen years each, at annual salaries of ^15,000 each. 

The City Court. — Two courts in New York county take 
the place of a regular county court. These are the City 
Court, and the Court of General Sessions ; and both have 
jurisdiction in New York county only. Ten judges of the 
city court are elected for terms of ten years each at annual 
salaries of $12,000 each. The city court hears and deter- 
mines civil suits in which the amount sued for does not 
exceed $2,000. Appeals from its decisions are to the ap- 
pellate division of the supreme court. 

The Court of General Sessions — The court of general 
sessions is mainly a criminal court. It has jurisdiction to 



GREATER NEW YORK. 77 

try all crimes cognizable within the county, including those 
punishable with death. It is in five parts, its judges being 
seven in number, all elected by the voters for terms of 
fourteen years each, at annual salaries of $ 17,500 each. 
A grand jury is drawn for this court. All the foregoing 
are courts of record. 

Inferior Courts in New York. — Two inferior courts 
have jurisdiction throughout the entire city. These are 
the Court of Special Sessions, and the Municipal Court of 
the City of New York. In both these courts cases are 
tried by the judges without the aid of a jury. 

Court of Special Sessions. — The Court of Special Ses- 
sions consists of a chief justice and sixteen associate jus- 
tices appointed by the mayor — seven from the boroughs 
of Manhattan and the Bronx, five from Brooklyn, and one 
each from Queens and Richmond. The court sits in parts, 
as assigned by the chief justice, for the purpose of trying 
cases of misdemeanors committed in the city and not 
brought up on indictment or presentment of a grand jury, 
and some other offenses. Three justices sitting together 
constitute each part, and the concurrence of two is neces- 
sary to a decision. A separate division of the Court of 
Special Sessions is known as the Children's Court, to 
which five justices are assigned for trying juvenile cases. 
The justices of the Court of Special Sessions hold office 
for terms of ten years each. 

City Magistrates. — The city magistrates of Greater New 
York are known collectively as the board of city magis- 
trates. One of their number is appointed chief city 
magistrate by the mayor. It is the duty of the chief city 
magistrate to supervise the administration of all the 
city magistrates' courts. He also determines the number 



78 GOVERNMENT OF NEW YORK, 

of courts which shall be held and, with the aid of certain 
committees elected by the members of the board from 
among their own number, assigns the magistrates to the 
various courts. The magistrates hold court singly for 
the hearing and trial of petty offenses, and for the com- 
mitrnent of accused persons for trial in a higher court. 
Special courts are established for night duty, and for 
the trial of certain cases arising under the laws govern- 
ing domestic relations (man and wife, parent and child, 
etc.). 

The Municipal Court.— The lowest court of civil juris- 
diction in Greater New York is the Municipal Court of the 
City of New York. For the purpose of administering jus- 
tice through this court the city is divided into twenty-four 
districts as follows : borough of The Bronx two districts, 
Manhattan nine, Brooklyn seven, Queens four, Richmond 
two. In each district the municipal court sits in one or 
more parts, each presided over by a justice. The justices 
are elected by districts, for a term of ten years. The 
municipal court has general jurisdiction in civil suits where 
the amount sued for does not exceed $1000. 

SUMMARY. 

The city of New York includes within its borders the 
counties of New York, Kings, Bronx, Queens, and Rich- 
mond, and the former cities of New York, Brooklyn, and 
Long Island City. 

For administrative purposes the city is divided into five 
boroughs : Manhattan, The Bronx, Brooklyn, Queens, and 
Richmond. 

The board of aldermen composed of sixty-seven mem- 
bers elected from as many districts, a president elected by 



GREATER NEW YORK, 79 

the voters of the entire city, and the five borough presidents, 
constitute the chief branch of the city's legislative department. 

The mayor is the head of the city's executive depart- 
ment, and has a veto power over ordinances enacted by 
the board of aldermen. 

The local courts of the city include a city court and a 
court of general sessions, for New York county, and a 
court of special sessions and a municipal court for the 
whole city. 

SUGGESTIVE QUESTIONS. 

Name and describe the boroughs of New York. 

Describe the board of aldermen and its powers. 

Describe the board of estimate and apportionment. 

What officer is at the head of the city's finance depart- 
ment ? May he be removed from office ? If so, in w^hat 
manner ? What are the duties of the city chamberlain ? 

Name six administrative departments included in the city 
government. Describe the boards of local improvements, 
their powers and duties. 

Name two duties of a borough president. How is he 
placed in office ? 

What are the duties of the corporation counsel ? How 
do liis duties differ from the duties of the district attorney 
of New York county ? 

What judicial department is coextensive with the bound- 
aries of the former New York? What State courts are 
maintained in this department ? What courts take the 
place of a county court in New York county? Which of 
these courts is a court of civil jurisdiction only? 



CHAPTER VII. 

The County. 

More than two thirds of the people of New York 
Hve in cities ; the remainder Hve in towns ; but every 
person, whether Hving in city or town, Hves in a county. 
What is a county ? If we look on a large map of New 
York we see that it is cut up into sixty-two coun- 
ties. Every county ^ is, in turn, composed of towns, and 
many contain cities and villages, the people of the different 
towns, cities, and villages being united under a county gov- 
ernment. We have seen the incorporated village, with its 
separate village government, lying within the town, the 
village being at the same time a part of the town and 
the villagers subject to town laws. In the same way a 
town or city lies within its county, the people of city and 
town being subject to county laws, as well as to their own 
town and city laws. 

Why We Have County Government. — Why do we have 
counties and county government? First, because some 
kinds of public work are most effectively and conveniently 
carried on by the people of several towns and villages united 
in a county government. But there are other reasons for 
the existence of counties than mere convenience. We have 
counties, because, like the town and the town meeting, they 

1 Except New York, Kings, Bronx, Queens, and Richmond, which lie within 
the city of New York, 
80 



THE COUNTY. Z2> 

liave come down to us, in one form or another, from the 
earUest history of the Enghsh^-speaking race. 

The Ancient German Tribe. — We have seen our Teutonic 
ancestors Hving in self-governing village communities, or 
marks, in the forests of ancient Germany. We saw the 
peaceful affairs of such a community ordered by its freemen 
assembled in the ancient mark meeting, the forerunner of 
the modern town meeting. We learned that the inhabitants 
of such a mark community are supposed to have been 
united by the tie of common blood, the mark representing 
originally a group of related families. But running through 
these various isolated mark communities, separated by their 
belts of waste and woodland, was another tie — the tie of 
similar speech and nationality. When war threatened, this 
tie took form in the tribal or national assembly, attended by 
freemen from the different kindred villages. In these tribal 
meetings, held in field or forest, the freemen, each man 
armed with spear and shield — the visible sign of his free- 
dom — ^joined hands against a common foe. Here they 
chose chiefs of the tribe, sentenced traitors to be hanged 
and cowards to be smothered in mud, judged disputes be- 
tween tribesman and tribesman and between village and vil- 
lage. Here questions of interest to the tribe were debated, 
the warriors shouting their opposition or expressing their 
approval by the clashing of shield and spear. Sometimes 
the freemen of several mark communities united in what was 
called the " ga " or '' gau," and sent a hundred fighting men 
under their own leader to the army of the tribe. The '' ga,'* 
or '' Hundred," as it afterwards came to be called, also had 
its " hundred mote," or meeting of freemen from the villages 
composing the '' hundred." 

The English Shire. — The organization of our German 



84 GOVERNMENT OF NEW YORK. 

ancestors in tribes and hundreds, as well as in marks and 
towns, was carried by Angle, Saxon, Jute and Friesian into 
the conquered territory of Britain. We have seen how the 
mark community became the old English town, and how 
later it became the parish and the manor. In Britain the 
German '• ga " and the German tribe became respectively 
the English " hundred " and the little English kingdom. In 
course of time the various httle kingdoms that developed on 
English soil united in the single Kingdom of England, each 
petty kingdom becoming a share, or " shire," in the greater 
Enghsh nation. '* Out of a union of townships," says a 
modern writer, " grew what was finally known in England 
as the hundred ; out of a union of hundreds grew the 
modern shire; out of a union of modern shires grew the 
English kingdom." The king or head man of the former 
petty kingdom became the -^Idorman, or earl, under the 
greater King of England ; and its national or tribal assembly 
became the English '' shire mote," or shire meeting.^ In the 
shire meeting, laws were made for the shire, and criminals 

' " The primitive states in which the settlers originally grouped themselves in 
Britain were reproductions in every material particular of the Continental 
Teutonic states, as described by Caesar and Tacitus. The unit of organiza- 
tion in the primitive state was the village community, which appeared in 
Britain as the tun or township. By a union of townships was formed the dis- 
trict generally known in Germany as a gau or ga^ a name which yielded in 
England to that of scir or shire. By a union of gas or shires was formed 
the primitive state. The scir or shire was simply what the word implies, a 
division of the larger whole ; and it is now maintained, with greater or less 
emphasis, by the highest authorities that scir or shire was the term originally 
employed in Britain to describe a district which arose out of a union of town- 
ships. But the early shire, which thus represented the largest division of the 
primitive state, must not be confounded with the modern shire, which repre- 
sents the largest division of the consolidated kingdom." — Hannis Taylor, 
Origin and Growth of the English Constitution^ Part I., Cha]). V. 



THE COUNTY, 85 

were judged, much as in the ancient tribal assembly. After 
the Norman conquest of England, the shires became known 
as ** Counties " from their resemblance to districts of France 
then governed by counts. . 

The County in America. — When our English ancestors 
came to America they brought with them the English plan 
of county government. In Massachusetts and other New 
England colonies, counties were formed by a union of 
towns, and each county had its <* county court " for the trial 
of criminals and suits at law. In Virginia, counties were 
established without towns, and in that State the county is 
to-day the chief unit of local government. New York had 
town government before it had counties. The Dutch early 
estabHshed a system of local government in the different 
settlements and towns; and the English, in 1683, divided 
the province into twelve counties. Each had its county 
court, as in Massachusetts, and in each the governor ap- 
pointed a sheriff to collect provincial taxes, and to act as 
the chief executive officer of the county in enforcing pro- 
vincial laws. 

The Modern County in New York.— The sixty-two 
counties into which New York is now divided have been 
formed at different times by the State legislature. The 
law defines a county as *' a municipal corporation compris- 
ing the inhabitants within its boundaries, and formed for ' 
the purpose of exercising the powers and discharging the 
duties of local government, and the administration of public 
affairs conferred by law." In plain words, this means that 
the people of a county, like the people of the town, village, 
and city, may act together as a body politic, in doing such 
public work as the State allows them to do ; that, through 
their representatives, they may acquire and own houses and 



Se GOVERNMENT OF NEW YORK. 

lands and other property for county purposes ; buy, sell and 
make contracts ; sue and be sued in a court of law, much as 
a single person. Each county in New York acts as an 
agent for the State in collecting taxes and enforcing State 
laws ; and each has its own local capital or ** county seat/ 
the meeting place of its county board of supervisors, and 
the place where the county court house and jail are main- 
tained. 

The County Board of Supervisors. — The law-making 
body of the county, like that of the village and city, is a 
body of representatives chosen by its voters. This is the 
county board of supervisors, composed of one supervisor 
from each town and city ward^ in the county. Each mem- 
ber is elected for a term of two years by the voters of his 
town or ward, and each supervisor, as we have seen,^ is an 
officer of his town or city, as well as a county officer. 

Powers of the Board of Supervisors. — The powers and 
duties of the board of supervisors, like the powers and 
duties of the town meeting, are fixed by State law. They 
may be summarized as follows: 

The board of supervisors has the custody of the corporate prop- 
erty of the county ; audits accounts and charges against the county, 
and directs the raising by taxation of sums necessary to defray them ; 
has power to direct the raising in each town of a sum to defray the 
town's necessary expenses; to cause to be assessed, levied and col- 
lected any taxes due from the town to the State ; to fix the salaries of 
county treasurer, district attorney, and county superintendent of 
the poor ; to borrow money for the use of the county, and to author- 

' Special laws govern in the city of New York as we have seen. The State 
Constitution also provides that in cities, whose boundaries are the same as a 
county, that the common council or board of aldermen shall have the duties 
end powers of a board of supervisors, 

'^ Chapter III., page 25. 



THE COUNTY. Sy 

ize a town to borrow for town purposes ; to purchase land and erect a 
courthouse, jail, almshouse, and other county buildings ; to make local 
laws for the destruction of wild animals and noxious weeds, and for the 
protection of fish and game within the county ; to divide towns, alter 
their boundaries, and erect new towns ; to form assembly districts under 
State law within the county ; to establish fire districts outside cities 
and incorporated villages ; to estabHsh a county hospital for persons 
suffering from tuberculosis ; to open and discontinue county highways, 
and erect bridges. The board also makes a list of persons who may be 
called upon to serve as grand jurors in the courts sitting within the 
county,^ and in some counties the board has power, on application of 
the taxpayers, to alter the boundaries of incorporated villages. 

Town and County Government. — As we study these 
powers of the board of supervisors, we see that in many things 
the county government is superior to and over the govern- 
ments of the towns in the county, as the colonel of a regi- 
ment is superior to and over his regimental captains. The 
county may force a town to raise money for town purposes 
or for the State. It may even do away altogether with a 
town, joining its people to another town. In his great 
work, The American Commonwealth, Mr. James Bryce de- 
scribes the system of local government carried on in the 
towns and counties of New York, as being almost a perfect 
one. He says : 

'* Of the three or four forms of local government that I have de- 
scribed, that of the town or township with its popular primary assem- 
bly is admittedly the best. It is the cheapest and most efficient ; it 
is the most educative to the citizens who bear a part in it. The town 
meeting has been not only the source but the school of democracy. The 
action of so small a unit needs, however, to be supplemented, perhaps 
also in some points supervised, by that of the county, and in this respect 

* This is done by commissioners of jurors in some counties. 



SS GOVERNMENT OF NEW YORK. 

the mixed system of the Middle States ' is deemed to have borne its 
part in the creation of a perfect type.** 

County Executive Officers. — The county, like the town, 
village, and city, has its executive officers, to enforce its 
laws. The principal county executive officers are the 
Sheriff, District Attorney, County Clerk, County Treasurer, 
and Superintendent of the Poor. These officers are elected 
by the voters of the entire county, on the Tuesday follow- 
ing the first Monday in November, and they hold office for 
terms of three years each. Besides administering county 
affairs, most of them are agents of the State in enforcing 
State laws within the county. Any of them may be removed 
by the governor of the State, on charges, after a hearing. 

The Sheriff. — The sheriff is the principal executive officer 
of the county. It is his business to preserve its peace, arrest 
offenders against the law, and to have the care and custody 
of convicted criminals, and of persons detained on suspicion 
of breaking the law. He summons witnesses and jurors to 
attend courts held within the county, and executes the legal 
orders and sentences of the judges. The sheriff formerly 
hanged convicted murderers sentenced to the death pen- 
alty. So important is he in executing and enforcing the 

* In the New England States the town is more important than the county, 
the latter existing largely as a court district. The town meeting is the prin- 
cipal source of local government. In Rhode Island and Connecticut the 
towns send representatives to the State legislature. In most Southern States, 
on the contrary, few if any towns exist, the county being the principal unit of 
local government. In the Middle and Western States, represented by New 
York, Pennsylvania, New Jersey, Ohio, Indiana, Illinois, Iowa, etc., the 
town is the principal unit of local government, while the county is in a 
measure a supervising government. Neither towns nor counties in New 
York send representatives to the State legislature, but these are chosen in 
senate and assembly districts. 



THE COUNTY. 89 

decrees of the courts, that the sheriff has been called " the 
right arm of the judge/* If a riot breaks out, the sheriff has 
power to call out the Posse Comitatus, that is, all able- 
bodied men in the county, to suppress it. If then unable 
to bring about order, the sheriff may call upon the governor 
of the State to come to his aid with the State militia. The 
sheriff appoints an Under Sheriff, and also one Deputy 
Sheriff for every three thousand population in his county 
to assist him. So great is his power, that to prevent its 
possible abuse, the State forbids the election of a particular 
sheriff for two terms in succession.^ The sheriff is paid in 
fees fixed by State law, and in a percentage of the money 
which he collects from the sale of property ordered by the 
courts to be sold for the payment of debt in execution of 
civil judgments. The office of sheriff is derived from the 
''shire reeve,*' or head man of the ancient shire, who was 
chosen by its freemen to preside over the '* shire mote.*' 

The District Attorney. — The district attorney is the 
public prosecutor of criminals in his county, and the legal 
adviser of its executive officers and grand jury. When 
prosecuting persons charged with crime, the district at- 
torney acts as an agent of the State, all crimes being prose- 
cuted by him in the name of " The People of the State." 
He is paid a salary, which comes out of the county treas- 
ury, and is fixed by the county board of supervisors. 

The County Treasurer. — The county treasurer has 
charge of the public moneys of the county. He receives 
money collected by the town collectors for county and State 
taxes, and pays the latter to a State officer known as the 
Comptroller. He also receives from the comptroller money 
raised by the State for the public schools of his county, 
> New York State Constitution, Article X., Section i. 



90 GOVERNMENT OF NEW YORK. 

paying it over to the supervisors of the several towns. In 
some counties the county treasurer is paid a salary fixed 
by the board of supervisors, and in others a percentage of 
the moneys handled by him. 

The County Clerk. — The county clerk keeps the public 
records of the county, such as records of deeds,^ mortgages, 
and the judgments of its courts. He acts as clerk of the 
county court and of the Supreme Court when sitting within 
his county. He is usually paid in fees. 

Other Officers. — From one to three superintendents of 
the poor are elected or appointed in each county. They 
have charge of the county poorhouse, where poor persons 
are cared for, and they make a report annually to the State 
Board of Charities. The supervisors may appoint a county 
superintendent of highways. A county may, if it chooses, 
elect a county comptroller. In some counties having a 
large population, an officer known as a Commissioner of 
Jurors is appointed by the courts.^ Every county officer 
who handles money of the county must account for it in a 
yearly report to the board of supervisors. 

The County Court.^ — Every county in the State, except 
New York county, has a county court for the trial of per- 
sons charged with crime and for the trial of civil suits at 
laWo A County Judge, elected by the voters of the entire 
county, for a term of six years, presides over the county 
court. All ordinary crimes against persons and property, 
except murder, may be tried in a county court ; also gen- 
erally any civil suit at law when the. sum sued for does not 
exceed $2,000. A person aggrieved by the decision of a 
justice of the peace, may take the matter to the county 

1 In a few counties, deeds and mortgages are recorded by a register of 
deeds. 2 See Chapter XVI. ^ See Chapter XVII. 



THE COUNTY. 91 

court for a re-trial. Such action is called " appealing to the 
county court/' County judges are paid salaries, differing 
in different counties, their pay being fixed by State law and 
coming out of the county treasury. 

Coroners. — Four coroners, as a rule, are elected in 
each county. It is a coroner's duty to investigate the causes 
of sudden or suspicious deaths, and he may, on request, in- 
quire into the cause of any suspicious fire. For these pur- 
poses he may summon and examine under oath any person 
whom he thinks may have a knowledge of the matter under 
investigation. Coroners were formerly allowed to summon 
a jury in connection with their investigations, which are 
termed inquests. The coroner's jury was, however, abol- 
ished, except in counties wholly or partly in a city of the 
first class, by State law in 1899. Under old English law 
the coroner was a peace officer like the sheriff. From this 
ancient view of the dignity of his office, has probably come 
the modern practice of requiring the coroner to act in place 
of the sheriff when the latter is disqualified. The modern 
New York coroner is usually a practicing physician, though 
this is not required by law. 

The Surrogate and His Court — Each county has a sur- 
rogate's court ^ through which the property of persons who 
have died is distributed among those who are entitled by 
law to receive it.^ The surrogate's court also has a general 
oversight of the property of persons not of full age. The 
duties of the surrogate were at one time performed largely 
by officers of the church, usually the bishop, and the word, 
"surrogate," meant literally one who was substituted for 
another. In New York the surrogate is elected by the 

1 Also called a Probate Court. 

2 See Chap. XXV., Personal and Property Relations. 



92 GOVERNMENT OF NEW YORK. 

voters of the county for a term of six years.^ In counties 
having less than 40,000 population the county judge acts 
as surrogate. 

County Finances. — The county's expenses are chiefly 
, for work on roads and bridges, the maintenance of county 
buildings, various expenses of courts in the county, the 
salaries of county officers, and the support of inmates of 
the county almshouse and county jail. To meet these 
expenses, the county levies and raises a tax on property in 
the county, as explained in Chapter XIX. 

Things to Remember. — The county is a municipal 
corporation, created by the State law, and standing in im- 
portance between the town and the State. The county gov- 
ernment supervises in some respects the government of the 
town ; and it acts, at the same time, as an agent for the 
State in collecting State taxes, prosecuting criminals, and en- 
forcing State law. Each town and city ward is represented 
in the county board of supervisors, the lawmaking depart- 
ment of the county. This board is an example of repre- 
sentative democratic government, as the town meeting is an 
example of direct democratic government. 

The people of the county as a whole elect a sheriff, 
county clerk, county treasurer, and other county executive 
officers. 

The judicial officers of the county are the county judge, 
surrogate, and coroners. 

SUGGESTIVE QUESTIONS. 

In what year was your county organized ? Is it one of 
the original counties of the State, or was it formed by divid- 

1 Fourteen years in New York county. 



THE COUNTY. 93 

ing one of these counties ? What is the name of its county- 
seat ? 

Give an instance of the value of county government as a 
matter of convenience in administering the law. Give a 
historical reason for county government. What powers has 
the New York county, not generally possessed by the 
county in New England ? 

What is the origin of the English shire ? What legisla- 
tive body in the New York county corresponds to the Eng- 
lish shire-mote ? Is the county legislative body an example 
of direct or representative democratic government ? 

Name some powers of a board of supervisors in the 
county government ; in the government of its several towns. 

Describe the duties of the sheriff, district attorney, 
county treasurer, county clerk, county superintendents of 
the poor. 

What is the jurisdiction of the county court ? 

Name two duties of coroners. 

What are the powers of a surrogate's court? 

ADDITIONAL READING. 

For the origin and development of the English county, see Hannis 
'Taylor's Origin and Growth of the English Constitution, Part I., Chap. 
III., IV., and v.; Stubbs's Constitutional History of England , Vol. I., 
Sections 30 to 50; Vol. II., Section 200, etc. See also Howard's 
Local Constitutional History of the United States, Part III. For a 
comparison of county government in different parts of the United 
States, see Bryce's American Commonwealth, Vol. I., Chap. XLVIIL 



CHAPTER VIII. 
The State, and the People Who Made It. 

We now come to a government greater and more power- 
ful than the governments of town, village, city, and county 
— the government of the State of New York. What is the 
State? How did it arise? What does it do for the peo- 
ple? What are its relations to these lesser govern- 
ments? 

If we look on a map of New York, we see spread out be- 
fore us a representation of the visible territory of the State. 
On the north we see Lake Ontario, River St. Lawrence, and 
Canada ; on the east, Lake Champlain and the New Eng- 
land States ; on the south, Pennsylvania and New Jersey, 
and Long Island, stretching like a huge foot out into the 
Atlantic, with the city of New York at its heel ; on the west 
we see Lake Erie, the Niagara River and Niagara Falls.. 
We see over fifty populous cities and sixty-two counties, the 
whole crossed and lined by canals and railroads, and making 
a territory larger than the combined European kingdoms of 
Belgium, the Netherlands, and Denmark. 

The State a Municipal Corporation. — But the State of 
New York, like the town and the county, is something more 
than territory. The real State consists of the people of 
New York, united in a political organization for pur- 
poses of government. In this sense the State, like the town, 
village, city, and county, is a municipal corporation, having 
tlie power to perform its own public work, manage its 
94 



THE STATE, AND THE PEOPLE WHO MADE IT. 95 

own public property, and make and enforce its own State 
laws.^ 

But the State is immeasurably superior in power and au- 
thority to the lesser municipal corporations of school district, 
town, village, city, and county. The State creates and con- 
trols these lesser political bodies, determining what officers 
each shall have, and how they shall be chosen, and even re- 
taining the power to remove the officers chosen in some cases. 
It is only by authority of State law that the lesser units ex- 
ist and do business as distinct and separate governments. 

The State as a " Sovereign." — Because of the great 
powers exercised by the State government, New York and 
other States of the United States, are sometimes spoken of as 
•* Sovereign States/' What does this mean ? We read of 
kings and rulers who have power to make and enforce laws, 
whose word is life or death to their subjects, whose people 
obey them without question. We speak of such powerful 
rulers as "sovereigns'*; and the word means one having 
power to rule, and one whose rule is actually obeyed. The 
State of New York possesses in large degree such " sovereign 
power " over its people and over the lesser governments. 
within its borders. Thus, the people of the State of New 
York, through their representatives, have made a law pun- 
ishing the crime of murder by death, and any individual 
mem.ber of the State convicted of murder may be made to 
suffer the death penalty. In the same way, the people of 
New York as a political unit, may compel individual mem- 

1 In a strictly technical sense, only the lesser governments created by the 
State — such as the town, village, city, and county — are included in the term 
" municipal corporation." But in its broader sense a municipal corporation 
means a body politic. This includes the State " and each of the govern- 
mental subdivisions of the State." — American and English Cyclopedia of Law. 



96 GOVERNMENT OE NEW YORK. 

bers of the State to shoulder muskets and fight for its de- 
fense, even at the cost of their own hves. So the State may 
punish as guilty of treason individual citizens who strike at 
its life. It may also compel its individual citizens to give 
up their houses and lands for a reasonable compensation, 
when needed for pubHc purposes. None of these sovereign 
powers are possessed by the lesser municipal corporations. 
No town, village, city, or county may take hfe, or force its 
people to take up arms in its defense, punish its enemies for 
treason, or take private property for public purposes. Only 
the State possesses such powers. 

The United States the Real Sovereign Power. — But 
while we use the term, '' Sovereign State," in speaking of 
New York and other States of the Union, we must not con. 
found the sovereignty possessed by such States with the 
sovereign powers exercised by the United States, for na- 
tional purposes and in our relations with foreign nations. In 
the sense of being a sovereign power, capable of dealing 
with foreign nations, of making war and peace, and of enter- 
ing into treaties with foreign powers, the United States is 
our only sovereign. The relations of the United States to 
the individual States composing it, are fully described in a 
later chapter of this book.^ 

Some Powers of the State. — Notwithstanding the limita- 
tions of State sovereignty, the powers of New York and 
other States of the Union over individuals living within 
their borders, are supreme in many of the most important 
matters connected with our daily lives. Thus the State of 
New York makes laws punishing all ordinary crimes which 
are not offenses against the United States government. It 
is State law that prohibits murder, arson, burglary, forgery, 

» Chapter XXII. 



THE STATE, AND THE PEOPLE WHO MADE //. ^7 

theft, and drunkenness. State law prescribes the form of 
marriage, and defines the rights and duties of married peo- 
ple. State law controls and orders the relations between 
parents and children, masters and servants, guardians and 
wards, principals and agents.^ Our laws regulating ordinary 
business relations are mostly State laws. When we sue a 
man and compel him to pay a debt or to perform an 
agreement, we do it in accordance with the forms prescribed 
by the State. Houses and lands cannot be legally bought, 
sold, or transferred from one person to another, except ac- 
cording to laws made by the State. Business corporations are 
created and (except those engaged in interstate commerce) 
controlled by State law. The State controls railroads, 
steamboats and other common carriers operating within the 
State. It enforces regulations to preserve the public health, 
and it licenses and controls the liquor business in the State. 
Our public schools are carried on and our teachers licensed 
and. paid under the authority of State law. The State main- 
tains prisons and reformatories for the delinquent, and vari- 
ous institutions for the insane, the blind, the deaf, and other 
defectives, and for certain classes of the poor. Finally, it 
is the State that authorizes the levying of taxes for its own 
support and for the use of all the subdivisions of the State. 

Duties of the State. — But while the State exercises these 
vast powers over the individuals composing it, the State has 
also duties to perform in return. The State must protect 
the people composing it in the enjoyment of their personal 
rights to life, liberty, and property. It must suppress crime, 
preserve the public peace, and as far as possible, insure the 
safety and freedom of all its individual members. 

Such are some of the functions performed by the people 

1 See Chapter XXV., " Personal and Property Relations." 



98 GOVERNMENT OF NEW YORK. 

of New York through their organization in the political 
form known as the State. Whence originated this power- 
ful government? What are the forms under which it is ex- 
ercised ? In order to answer these questions intelligently, 
let us turn for a moment to a study of the people who made 
New York. 

The People Who Made New York— The Dutch.— New 
York was planted as a Dutch colony. The Dutchmen came 
from that small corner of Europe called the Netherlands, 
where the land is low, and the North Sea breaks threaten- 
ingly on the thin coast. Much of the soil, reclaimed from 
the ocean, lies below the level of the sea, and is protected 
from overflow by huge dikes of timber and stone, some of 
it brought hundreds of miles from Norway. 

On this battlefield of the elements the ancestors of the 
men who planted New York built and maintained their 
homes. The Dutchman's struggle, first to wrest his home 
from the ocean, and then to preserve it, made him fearless, 
resolute, far-seeing and independent. As he would not 
yield to the sea, so he could not be conquered by man. As 
early as the year 1477 — fifteen years before Columbus set 
foot on the shores of America — the Dutch had forced their 
rulers ^ to agree to the principle of " No taxation without 

1 The first General Assembly or Congress of the Netherlands was called 
together in 1477 by the Duchess Mary of Burgundy. It refused to vote any 
money to the government until its complaints had been heard and justice had 
. been done to the Dutch people. The assembly forced Duchess Mary to 
agree to " Het Groote Priviligie," — The Great Privilege — or Magna Charta 
of the Dutch people. ** The Great Privilege," among other things gave the 
Netherlands' Congress power to levy taxes, coin money, regulate manu- 
factures and commerce, declare war and raise armies and navies. It was for 
violating the provisions of The Great Privilege that the Dutch people in 1581 
deposed Philip II. of Spain, and established the Dutch Republic. A very in« 



THE STATE, AND THE PEOPLE WHO MADE IT. 99 

consent." In a war lasting from 1563 to 1648^ — ten times as 
long as our American war for independence — the Dutch won 
their independence from Spain. When, in 1609, the clumsy 
'' Half Moon " rounded the western end of Long Island, 
bringing Henry Hudson and his crew in sight of the lower 
end of 'Manhattan Island, the Dutchman in his small corner 
of Europe, was choosing his own rulers, paying taxes levied 
only by his own consent, and the seven provinces of the 
United Netherlands were under a republican form of govern- 
ment much like the United States of to-day. 

The English. — While the Dutch were settling New 
Netherland, as they called New York, the " Mayflower " 
landed her Pilgrim band on the rocky shores of New Eng- 
land. The Pilgrims left their homes to obtain personal and 
religious freedom. They were brothers of the Puritans who, 
in 1649, a few years after the ** Mayflower's" voyage, over- 
turned monarchy in England, cut off the head of the 
tyrannical Charles I., abolished the House of Lords, de- 
clared ** the people under God to be the origin of all just 
powers/' ^ and established the English Free State or Com- 
monwealth. One of the first acts of the Pilgrims and other 
Puritans on reaching America was to establish a system of 
direct democratic government in town meetings. But the 
New England Puritans, although driven from their European 
homes by intolerance, themselves became intolerant. They 
allowed only church members to vote and hold public office. 

teresting account of this struggle, in which the Dutch people won their inde- 
pendence from Spain, is given in a book czWtd. Brave Little Holland and 
What She Can Teach Us, by Prof. William Elliot Griffis. The author 
draws many parallels between the struggle for freedom in Holland and the 
Struggle for American Independence. Mr. John Lothrop Motley, a famous 
American author, also tells the story in his Rise of the Dutch Republic, 
» Resolution of the " Rump " Parliament, 1648. 



loo GOVERNMENT OF NEiV YORK. 

They hanged inoffensive Quakers. They drove Roger Wil. 
Mams into the wilderness for daring to exercise his right to 
think and speak freely. Because of persecutions like these 
many of the more liberal Puritans left New England, and 
settled in the territory which is now New York. Hundreds 
of Englishmen, including many important families,^ thus 
came to New York, bringing the New England town meet- 
ing to the shores of Long Island. These liberty-loving 
Puritans were heartily welcomed by the tolerant Dutch. 

The French. — The common people of France enjoyed as 
late as the twelfth century, a freedom unsurpassed in most 
parts of Europe. In many rural communities pubhc affairs 
were ** directly regulated " by ** a general assembly of the 
inhabitants." ^ The French towns had charters which gave 
the townspeople power to make and enforce their own local 
laws, and to assess and collect their own taxes, as well as 
taxes due to the king. Gradually, however, these rights 
were taken away by the powerful kings of France, who tried 
also to dictate what religion Frenchmen should practice. 
The Protestant French Huguenots were forbidden to hold 
meetings, were denied the right to hold office, and forced 
from the principal trades and professions. Thousands of 
them fled to Holland, where French colonies took root in 
the principal cities of the Dutch Republic.^ In the early 
part of the seventeenth century many of these liberty -loving 
Huguenots emigrated from Holland to America. The first 
actual settlers of New York were French Walloons, 'in- 
genious, brave and persistent," ^ and the first director general 

1 Lamb*s History of the City of New York, 
« The State, Woodrow Wilson, Sees. 356-366. 
3 Baird's The Huguenot Emigration to America, 
* Lamb's History of the City of New York, 



THE STATE, AND THE PEOPLE WHO MADE IT. loi 

of New Netherland was a Frenchman. In 1685, Louis 
XIV., king of France, revoked the famous law, known as the 
Edict of Nantes, which gave protection to the Huguenots. 
Thousands more of the bravest and best Frenchmen, includ- 
ing many famous in letters, art and science, then left their 
country. Many came to New York, bringing with them 
education, habits of industry, graceful accomphshments, and 
love of personal and rehgious freedom.^ 

Other Nationalities. — The Dutch early invited " persons 
of tender conscience " to settle in New Netherland. The 
result was that strangers were constantly arriving. Among 
them were Germans, Swedes, Scotch and Irish. Love of 
freedom seems to have been a strong motive in most of 
these immigrations. Such were the people whose blood 
mingled at the birth of the ** fearless, thoughtful, energetic, 
constructive people, politically alive and religiously free," 
who " rejected hereditary leaders " and laid broad the 
foundations of the Empire State. 

SUMMARY. 

The State is a municipal corporation with powers superior 
to the municipal corporations of town, village, city and 
county. 

The State is the creator of these lesser municipal corpo- 
rations, and may alter or abolish them at will. 

The State is, in a limited sense, a sovereign, having power 
to take the lives and property of its citizens. Most laws 
punishing crime and regulating our ordinary social and 
business relations are State laws ; but the power of the State 
does not extend to questions of national interest, or to those 

> Lamb's History of the City of New York* 



102 GOVERNMENT OF NEW YORK. 

affecting our relations with foreign nations. These are con- 
trolled by the United States, which is the supreme power in 
this country. 

As the citizen owes obedience to the State, so the State 
must protect the citizen in the enjoyment of his freedom, 
and in his personal and property rights. 

Liberty-loving people from Holland, England, France, and 
other European countries, settled New York, bringing with 
them many of the fundamental ideas underlying our present 
institutions. 

SUGGESTIVE QUESTIONS. 

What are the relations generally of the State to the lesser 
municipal corporations of town, village, city, and county? 

What is meant by the term, " a sovereign State " ? 

Mention some powers of the State that indicate its 
sovereignty. 

Has a county government the right to take life as a pun- 
ishment for crime ? Under what laws may life and property 
be taken for public purposes? 

What power in this country is superior to the State of 
New York ? For what purposes is it superior ? 

Mention three important subjects controlled by State law. 

ADDITIONAL READING. 

For a discussion of the nature of the American State, see Bryce's 
American Commonwealth, Volume I., Chapter XXXVI. See also 
"Character, Organs and Functions of the States," Sections 1087, 
1088, etc., in Prof Woodrovv Wilson's The State. For a discussion 
of the meaning of the term sovereignty, see Burgess's Political Science 
and Constitutional Law, Part I., Book II., Chapter I. For an 
interesting but exaggerated account of the influence of the Dutch in 



THE STATE, AND THE PEOPLE WHO MADE IT. 703 

the development of American political institutions, see Douglass 
Campbell's, The Puritan in Holland, England and America, Brave 
Little Holland and What She Can Teach Us, by Prof. William 
Elliot Griffis, contains many interesting and suggestive comparisons 
between the development of free democratic institutions in the Dutch 
Republic and the United States. 



CHAPTER IX. 
Ho^w Nevr York Became a State. 

When the Dutch settled in the country discovered by 
Henry Hudson, the United Netherlands, the home of the 
Dutchmen, were at war with Spain. The latter owned vast 
colonies in America, and Spanish ships crossed the Atlantic 
carrying fabulous treasures of gold and silver, the spoil of 
her American possessions, home to Spain. In 1620, lead- 
ing merchants in the Netherlands organized the West India 
Company, secured powerful fighting vessels, and the per- 
mission to attack Spain's American possessions. They also 
hoped to capture the Spanish treasure ships as they crossed 
the Atlantic. As a part of its plan of operations the West 
India Company agreed to colonize and defend the country 
discovered by Hudson, in return for the exclusive right of 
trading with the Indians there. This right the United Neth- 
erlands granted to the West India Company, and the latter 
thus came into possession of the country between the Con- 
necticut and Delaware rivers. Through the middle of this 
vast territory flowed the Hudson River, and the company 
built forts, one at the mouth of the Hudson, on the site of 
the present city of New York, and another well up towards 
its source, where Albany now stands. 

To this country, which the Dutch called New Nether- 
land, the West India Company at once began to send colo- 
nists. It framed a plan of government for its new posses- 
sions, and appointed a Director General to govern them, who 
IQ4 



now NEW YORK BECAME A STATE. 105 

was himself given power to appoint a Council. Director 
and council made laws for New Netherland, subject to the 
approval of the West India Company, and the government 
of the United Netherlands. The company forbade its colo- 
nists to engage in manufacturing or trade, and parcelled out 
the land lying along the Hudson and Delaware rivers to 
great proprietors called " Patroons/' who agreed to plant 
colonies on their lands. Each patroon ruled like a little 
king on his vast estate. The actual settlers of New Nether- 
land, the hard-working farmers and mechanics, had no voice 
in the management of public affairs. 

The Beginnings of Representative Government.— In 1641 
Director General Kieft, of the Dutch West India Company, 
quarreled with the Indians, and called a meeting of tne heads 
of the families living in New Amsterdam and vicinity (now 
New York city) to obtain their advice. At this meeting 
the people chose " Twelve Select Men," all emigrants from 
Holland, to act for them. The twelve asked that they be 
given a place in the director's council, that the people might 
have a voice in their own government. The director there- 
upon dismissed the twelve men and ordered them to hold 
no more meetings. In 1643 ^he people again chose eight 
men, who appealed to the government of the United Neth- 
erlands and asked for the removal of the director. 

In 1646 the West India Company made Peter Stuyvesant 
director general. Stuyvesant told the people that he had 
come to ** govern them as a father does his children," but 
he soon found himself in difficulty over the taxes which he 
laid upon the people without their consent. He then asked 
the different settlements to choose eighteen men, from whom 
he would select nine men to act *' as the people's tribunes " 
to advise the director and council. The nine men chosen 



io6 GOVERNMENT OF NEW YORK, 

by Stuyvesant did not wait, however, to be called upon for 
advice, but boldly appealed to the government of the United 
Netherlands, and asked that New Netherland be taken from 
under " the intolerable rule " of the West India Company ; 
** for no man,** said they, " is unmolested or secure in his 
property." They asked that New Netherland be made a 
province under the rule of the States General or Congress 
of the United Netherlands, and that each town be given a 
local government " resembUng the laudable government of 
the fatherland." As a result of these appeals the West 
India Company gave the people of the different settlements 
power to choose certain persons from whom the director 
general should select local officers known as " schout," 
"schepens," and "burgomasters" for each settlement. 

The Assembly of 1653. — In December, 1653, an assembly, 
composed of two men from each settlement on Long Island 
and along the lower Hudson, met in New Amsterdam and 
denounced Director Stuyvesant for making laws and ap- 
pointing officers without the consent of the people, declaring 
such practices ** contrary to the granted privileges of the 
Dutch government, and odious to every free-born man.*' 
Troubles now came thick and fast in New Netherland. The 
English seized the land west of the Connecticut River. The 
towns on Long Island rose in rebellion. The Indians threat- 
ened war, and the treasury of the West India Company was 
empty. In the midst of these troubles. Director Stuyve- 
sant, at the request of the burgomasters and schepens of 
New Amsterdam, called together the first Provincial As- 
sembly ever held on the soil of what is now New York. 

New York's First Provincial Assembly. — This assembly 
met April 10, 1664. It was composed of twenty-four men, 
two being chosen by the people of each of the twelve towns 



HO IV NEW YORK BECAME A STATE. 



107 



or settlements in New Netherland. It called on the West 
India Company to protect New Netherland from the Indians 
and English, but refused to vote a tax proposed by Stuy- 
vesant. A few months later English warships sailed into the 
harbor of New Amsterdam. The Dutch flag was hauled 
down and New Netherland passed, September 8, 1664, from 
the rule of the West India Company into the hands of the 
EngHsh. 

New York Under the English. — Charles II. was then 
king of England. He gave New Netherland to his brother 
James, Duke of York. The duke sold the land lying be- 
tween the Hudson and the Delaware, and called the remain- 
der '' New York," after the county in England over which 
he ruled. He appointed Col. Richard Nicholls to be 
governor of New York, and the governor was allowed to 
appoint a council. Governor Nicholls was given power to 
make and interpret the laws of the province. He thereupon 
prepared a code known as " The Duke's laws," which he 
presented to a convention of representatives from the towns 
of the province. This code was even less liberal than the 
laws of the West India Company, for under it the people 
were not allowed to choose their own local officers, or to 
have a voice in the laying of taxes which they must pay. 
The convention objected to *' The Duke's laws," but the 
governor told its members that he was the real master in 
New York, and if they wanted a larger share in the govern- 
ment they must go to the king. Under his new laws the 
governor appointed a mayor, aldermen, and a sheriff, in 
place of the Dutch schepens and burgomasters of New 
Amsterdam, and named local officers in each of the other 
towns. 

The Duke Consents to an Assembly. — After many de- 



io8 GOVERNMENT OF NEW YORK. 

mands by the people, the Duke of York at last consented, 
as a means of raising revenue from New York, to give it a 
provincial assembly. In 1683 he gave the freeholders, or 
landowners, power to choose representatives to an assembly 
with liberty '' to consult and debate on all affairs of public 
interest." This assembly met in 1683. It was composed 
of ten councilors, appointed by the governor, and of seven- 
teen representatives, elected by the freeholders. It is 
memorable for having gathered into one historic document 
a summary of the more important rights and privileges 
known to the people who made New York, and for enacting 
them into law, under the title of *' The Charter of Liberties 
and Privileges." 

The Charter of Liberties and Privileges. — This famous 
charter, enacted more than two centuries ago, and nearly 
one hundred years before the American Declaration of In- 
dependence, contains in substance most of the rights for 
which the war of the revolution was afterwards fought, and 
in outline many of the more important rights possessed by 
the people of New York to-day. 

The charter of liberties and privileges declared the supreme law- 
making power of the province to be in the governor, council, and 
people of New York, met in general assembly ; that every freeholder 
and freeman should be allowed to vote for representatives without 
restraint ; that no freeman should suffer under the law except by the 
judgment of his equals ; that all trials at law should be by jury of 
twelve men ; that no tax should be levied except by the consent of 
the assembly ; that no seaman or soldier should be quartered on the 
people against their will ; that no martial law should prevail ; and 
that no person professing faith in God by Jesus Christ, should be at 
any time questioned for any difference of opinion.* 

* Lossing's Empire State. 



HO IV NE IV YORK BECAME A STATE. I09 

The Duke Becomes King. — The Duke of York is said 
to have signed and sealed the charter of Hberties and 
privileges, but it was never deUvered to the people. Two 
years later the duke became James II., Kmg of England. 
Fearing the growing spirit of independence in the colonies, 
he rejected New York's charter of liberties and privileges, 
aboHshed the assembly, took away the charters of the New 
England colonies, forbade the people to gather in town 
meetings, and levied oppressive taxes without their consent. 
In 1688 the English people drove him from the throne and 
invited William, Prince of Orange, the Stadtholder^ of the 
Dutch Republic, with his wife, Mary, the daughter of the 
deposed James, to the throne of England. 

King William Establishes a Government for New York, 
—King William ordained a government for New York, 
composed (l) of a governor, appointed by the king; (2) a 
council, which consisted first of seven and afterwards of 
twelve members, also appointed by the king ; and (3) an 
assembly elected by the freeholders of each county of the 
province. In their mimic sphere these departments cor- 
responded to the king, lords, and commons of England. 
All laws were required, after passing the governor and as- 
sembly, to be submitted to the king ; and no law could be 
passed contrary to the general laws of England. To the 
assembly was given the important power of levying taxes 
for the support of the provincial government. 

Governors Against Assembly. — Now began a long and 
bitter struggle, ending only with the war of the American 
Revolution, between the governors representing the king, 
and the assembly representing the people of New York. 
The governors demanded that the assembly give them 
* An officer something like our President of the United States, 



no GOVERNMENT OF NEW YORK. 

a regular and permanent income for the support of the 
provincial government. The assembly refused to grant 
any money except for short periods, and asserted its 
right, as representing the people who paid the taxes, to re- 
ceive a statement of the government's expenses. The royal 
governors dissolved assembly after assembly, only to find 
the next one equally determined and fearless. ** No- 
where," says the historian Bancroft, ** had the relations of a 
province to Great Britain been so sharply controverted as 
in New York." In 1753 the British government yielded, 
and consented to yearly grants of money by the assembly. 
The governors were also obliged to give a yearly statement 
of expenses to the assembly. New York had won its most 
important right of self-government — the right to levy its 
own taxes and to say how they should be spent. 

New York Becomes a State. — New York had now, 
after nearly ninety years of English rule, become almost 
wholly English in customs and feelings. The people looked 
upon themselves as possessing, by residence and legislative 
conquest, all the rights of Englishmen. But when the 
Stamp Act was passed in 1765, by the British Parliament, 
it seemed to the people of New York to overthrow at one 
stroke all that had been gained for liberty on this side of 
the Atlantic. Great Britain's insistance led to the union 
of the colonies in the Continental Congress, which recom- 
mended that each colony set up for itself an independent 
government under the general authority of the Congress. 
A provincial convention, elected by the people of New 
York, met at Kingston in 1777, framed the first constitution 
of the State, and adopted it April 20. It was at once pub- 
lished as the law of the land by the secretary of the con. 
vention mounting a barrel in front of the courthouse where 



HOIV NEW YORK BECAME A STATE, in 

the convention was sitting, and reading the constitution to 
the assembled multitude. Thus New York took its place 
as one of the States in our great American' Union. 

SUMMARY. 

New York was settled under the direction of the Dutch 
West India Company, a private corporation which was 
given the power to govern, as well as colonize the country. 
The West India Company, under the general supervision 
of the government of the United Netherlands, made and en- 
forced the laws of New York, and the people had at first no 
voice in public affairs. 

At public meetings called by the director generals of the 
West India Company, the people chose at different times 
twelve, eight, and nine men to act for them in public 
matters. This was the beginning of popular representation 
in the province. Delegated conventions, whose members 
were chosen by the towns of the province, demanded local 
self-government and the right to tax themselves, as under 
the home government in the Netherlands. 

In 1664 New Netherland became the Enghsh province 
of New York ; and in 1683 the freeholders were given the 
right to elect a representative provincial assembly. 

The first provincial assembly, under English rule, enacted 
in 1683, the charter of liberties and privileges, which 
contained in outline many of the most important rights 
guaranteed by the present State constitution. 

In 1 69 1 the assembly obtained the important power of 
levying taxes for the support of the provincial government ; 
and in 1753 — sixty-two years later — the right of saying how 
the taxes, so levied, should be spent. 

In 1777 a constitutional convention, elected by the 



112 GOVERNMENT OF NEW YORK. 

people, adopted and published the first constitution of New 
York State. 

SUGGESTIVE QUESTIONS. 

How did the Dutch West India Company come into 
possession of the territory which is now New York ? 

Describe the beginnings of representative government in 
New Netherland. 

What were '' the Duke's laws" ? 

Give an account of the assembly which enacted the 
charter of liberties and privileges. 

What important right was given to the New York assembly 
by William and Mary ? 

Give an account of the controversy between the royal 
governors of New York and the assembly. How did this 
controversy end ? 

Give an account of the formation of the first constitution 
of New York. 



CHAPTER X. 

The State Constitution. 

We have seen a Dutch colony planted on the banks of 
the Hudson, become the home of a cosmopolitan and liberty- 
loving people, and develop under more than a century of 
English rule into the State of New York. Let us now look 
at the form of government under which the people of New 
York live and work and conduct their public business. 

The State Constitution. — If you have helped to form a 
debating club or a literary society, you will probably 
remember that one of the first things done was to appoint a 
committee to draw up a set of rules for the orderly govern- 
ment of the club. These rules defined and fixed the powers 
and duties of the officers and the rights and duties of 
the members. Such a set of rules is called a constitution. 
The constitution, when reported by the committee, 
is voted upon, **yes" or *^ no," by the members of the 
club. If accepted it becomes the law of the club, and 
cannot be altered or done away with except by the club. 
No officer or member may lawfully do anything contrary to 
the constitution. In a somewhat similar way, and for much 
the same purposes, the people of New York have adopted a 
written constitution as the fundamental or underlying law 
of the State. 

The Constitution the Supreme Law of the State. — 
The written State constitution, adopted by a majority of 
the voters of the State, establishes in outline the government 

"3 



114 GOVERNMENT OF NEW YORK. 

of the State, as the constitution of the debating club 
establishes in outline the government of the club. No 
public officer or citizen may lawfully do anything contrary 
to the constitution, and no law may be passed by the State 
legislature that is not in harmony with it, for the constitution 
is itself the supreme law of the State. There is no law in 
New York superior to its State constitution, except the law 
found in the constitution and statutes of the United States, 
dealing with subjects which the people of the United States 
have taken away from the States, and placed in the hands 
of the national government.^ 

Beginnings of the Idea of the Constitution Found in the 
Ancient City Charter. — The written constitution, in which 
the people outline their form of government, and limit the 
powers and duties of their public officers, is generally spoken 
of as having its origin on American soil ; but the beginning 
of the idea may be traced to a much earlier period than the 
.formation of the States of the American Union. In our 
study of the city, we learned how the ancient towns and 
cities of Holland, England and other European countries, 
obtained written charters from their kings or lords. We 
saw how the people bargained for the right to elect their 
own local officers and to obtain their own courts of justice. 
We saw the rights thus obtained written upon parchment 
and preserved as the charter of the city. In such written 
charters may be traced the beginning of the idea of the 
written State constitution. 

Magna Charta. — In the year 121 5, the English people 
lived under the reign of the tyrannical and wicked King 
John. He cruelly murdered his nephew, Prince Arthur, 
and did not hesitate to take the lives and property of his 

1 See Chapter XXII., '' The United States, The States and the People." 



THE STATE CONSTITUTION. II5 

subjects for his own selfish purposes. At last the great 
lords and barons of England could stand John's injustice no 
longer. They gathered an army, and met the king at the 
meadow of Runnymede, by the River Thames, '' where 
rushes grow in the clear water and its banks are green with 
grass and trees." Here they forced the king to sign a 
paper known ever since as the great charter of English 
liberty — Magna Charta. In this great charter, a copy of 
which, yellow with age, is still preserved in the Lincoln 
Cathedral, King John promised that he would not sell, 
delay, or deny justice to any man ; that he would imprison 
no man without a fair trial; that he would observe the 
liberties granted in the charters of the towns and cities, and 
that he would lay no taxes upon the people except by con- 
sent of their representatives in the '' general council of the 
kingdom " — that is, the English Parliament. The king 
signed the great charter with a smile on his lips, but when 
he had parted with the barons he raved like a madman, 
flinging himself on the floor, and gnawing sticks and straw 
in his impotent rage ^ — all because he had signed a paper 
agreeing to observe the laws and not to oppress his people. 
This great charter, signed by John, is often spoken of as 
being a part of the English constitution, ^ and many pro- 

J Green's History of the English People, 

^ The English have no formal written document known as The Constitu- 
tion, such as we have in the United States. They consider those things to 
be constitutional which have been long established by custom and usage, or 
which have been enacted by Parliament. The English from the earliest 
times have claimed certain rights and privileges as belonging to the people, 
because they were held to be in accord with the good customs and laws of 
the past. These rights and privileges have been summarized from time to 
tim.e in such historic documents as Magna Charta, the Petition of Right of 
1628, the Habeas Corpus Act, and the Bill of Rights of 1689. Hence these 
documents are spoken of as forming a part of the English constitution. 



Il6 GOVERNMENT OF NEW YORK. 

visions in our American State constitutions may be traced 
to it. 

The Constitution of the Dutch Republic. — In 1477 an 
event took place in the Netherlands quite similar to the 
signing of Magna Charta in England. A congress of 
representatives from the different States of the Nether- 
lands forced Duchess Mary, their ruler, to sign " Het 
Groote Priviligie," (The Great Privilege), in which she 
promised to observe the liberties granted in the ancient 
charters of the Dutch cities, and to lay no taxes on the peo- 
ple except by consent of their representatives. When the 
Dutch threw off the yoke of Spain, and the Republic of 
the United Netherlands was formed in 1581, ** Het Groote 
Priviligie/' signed by Duchess Mary, was made the basis 
of the written constitution of the Dutch republic.^ 

Charters in the American Colonies. — Most of the Eng- 
lish colonies in North America were planted and grew up 
under written charters. Some of these charters were 
granted by the English king to companies of merchants 
similar to the Dutch West India Company, which settled 
New York. These charters usually gave the company the 
right to settle the land, and to govern the colonies which 
it planted, by officers appointed by the company. Such 
were the first charters issued to the companies who 
colonized Massachusetts and Virginia. Other colonies, 
like Pennsylvania, and Maryland, were planted under the 
rule of great proprietors like William Penn, who owned the 
land, and gave charter government to the people who 
settled upon it. Still others, like Rhode Island and Con- 
necticut, received charters directly from the king, under 
which the people were allowed to choose their own officers, 

' Motley's Rise of the Dutch Republic^ condensed by Griffis. 



THE STATE CONSTITUTION. 1 17 

and, within certain limits, make their own laws. The first 
written constitution actually made by the people of America 
was framed by the freemen of the three towns of Windsor, 
Hartford, and Weathersfield, lying in the Connecticut valley. 
It was called " The Fundamental Orders of Connecticut." 
King Charles II. accepted it as a lawful form of govern- 
ment for the colony of Connecticut, which retained the 
" Fundamental Orders," with scarcely any change, down to 
the time of the revolutionary war. 

Colonial Charters Become State Constitutions. — Under 
these various charters the American colonies grew up with 
governments having general features much alike in every 
colony. Each colony had a governor and council, gener- 
ally appointed by the king, and an assembly usually elected 
by the people. These constituted the law-making power 
of the colony, subject to the government of England. 
When the colonies became States, soon after the Declara- 
tion of Independence, it was easy for the people, by mak- 
ing some alterations, to change their written charters 
granted by the king or great proprietor, into written Stat6 
constitutions.^ 

>" When they (the colonies) cast off their allegiance to Great Britain their 
self-constitution as independent political bodies took the shape of a re-casting 
of their colonial constitutions simply. Rhode Island and Connecticut did 
not find it necessary to change their charters in any important particular; 
tney already chose their own governors and officials as well as made their 
own laws. The other colonies, with little more trouble, found adequate 
means of self-government in changes which involved hardly more than sub- 
stituting the authority of the people for the authority of the English Crown. 
But the charter, the written constituent law, was retained : the new govern- 
ments had their charters which emanated from the people, as the old govern- 
ments had had theirs given by the king. . . . The colonists were not 
inventing written constitutions ; they were simply continuing their forme? 
habitual constitutional life." — Woodrow Wilson, The State, Section 1062, 



Il8 GOVERNMENT OF NEW YORK. 

How the Constitution of New York Was Made. — 
New York did not have a charter government, unless we 
speak of the charter given by the Netherlands States 
General to the West India Company, as such a government. 
It is true that the first provincial assembly under the rule 
of the Duke of York, enacted in 1683 the charter of 
liberties and privileges, but it was not accepted by the 
duke. Our first State constitution was the work of a con- 
vention of delegates chosen by the voters of the State soon 
after the Declaration of Independence. This convention 
was given power to frame the outline of a government for 
the new State. It completed its work, as we have seen, 
while sitting at Kingston, in 1777. The newly-framed con- 
stitution declared that the power to govern the State rested 
in the people of the State. It continued the assembly as 
under the old provincial government, and provided for a 
governor to be elected by the landowners or freeholders of 
the State, and for a Senate of twenty-four freeholders, also 
elected by the freeholders, to take the place of the council, 
formerly appointed by the king. This constitution was not 
submitted to the people. The times were perilous; a 
British army was about to invade the State. The constitu- 
tion makers simply published the result cf their work, 
which at once became the law of the State. 

Revising the Constitution. — New York's constitution has 
been revised or remodeled several times by conventions 
elected for that purpose by the voters of the State. The 
first important revision took place in 1 821, the second in 
1846, and the third in 1894. When the members of a con- 
vention elected to revise the constitution have carefully 
considered proposed changes, and have agreed among 
themselves upon a new or revised constitution, it is sub- 



THE STATE CONSTITUTION. 119 

mitted to the voters of the State for their approval or rejec- 
tion. Printed ballots are prepared and distributed to each 
voter as he reaches the polling place at the time of the elec- 
tion. On these ballots are the words, *• yes " or " no/' in- 
dicating whether or not the voter wishes to vote for or 
against the proposed new constitution. If a majority of the 
" electors voting thereon " ^ vote in favor of the new consti- 
tution, it becomes the law of the State. If not, the pro- 
posed constitution is rejected, and the people continue to 
live under their old constitution. We thus see that the 
people of a great State, adopt their fundamental law much 
as the voters of a town meeting vote " yes " or " no/' upon 
propositions submitted to them. 

What the Constitution of New York Contains. — When 
we look at the constitution, as found in the ** Red Book," or 
Legislative Manual of the State, we see that it may be 
naturally but somewhat roughly divided into four parts. 
The first is a sort of great charter of liberties or enumera- 
tion of the people's rights, which may never be taken away 
or abridged by the people's rulers. This part of the consti- 
tution is sometimes called the '*Bill of Rights."^ The 
second part states who may vote in New York, prescribes 
the qualifications of voters, and the manner of conducting 
public elections. The third part lays down the form and 
framework of the State government, fixes the boundaries of 
legislative and judiciary districts, and defines the powers 
and duties of the State officers. The fourth part con- 
tains miscellaneous provisions relative to the money, cred- 
its, debts and laws of the State, relative to corporations, 
public charities, the schools, the powers and duties of 

» New York State Constitution, Article XIV., Section i. 
2 See Chapter XI. 



I20 GOVERNMENT OF NEW YORK. 

local officers, and the government of cities, counties and 
villages. 

Amending the Constitution. — In a government like ours 
it is important for the freedom and safety of the people, that 
ample opportunity be given to amend the constitution. 
Otherwise constitutional government might become a 
tyranny, and its only remedy a revolution. A constitution 
that could not be changed when a majority of the people 
wished it, would be like a house too small for a growing 
family. To give opportunity for the people to change their 
constitution, the revised State constitution of 1894 provides 
that, beginning with the year 1916, and every twenty years 
afterwards, and also at such other times as the legislature 
shall direct, there shall be submitted to the voters of the 
State this question, <* Shall there be a convention to revise 
the constitution and amend the same ? '' The constitution 
may also be amended by any two consecutive State legis* 
latures, agreeing by majority vote of all the members of 
each house of both legislatures, to any proposed amend 
ment, and then submitting it to the voters of the State for 
their adoption or rejection. If a majority of those voting vote 
** yes " on a proposed amendment it becomes the law, other- 
wise it is rejected. 

SUMMARY. 

The constitution, adopted by the voters of the State, is its 
fundamental law. The legislature may pass no law not in 
accord with the constitution ; and no law is superior to the 
State constitution, except the constitution and laws of the 
United States. 

The idea of the written State constitution may be traced 
in the written charters of cities. Magna Charta is spoken 



THE STATE CONSTITUTION. 121 

of as a part of the English constitution. Most of the 
British colonies in America had some form of written 
charter as an outHne of government. During the revolu- 
tionary war these colonial charters were changed into State 
constitutions. 

New York's constitution contains a summary of the per- 
sonal rights possessed by the people of the State, and lays 
down the form and framework of the State government. 

The constitution may be revised and amended by a con- 
vention elected by the people for that purpose, which must 
afterwards submit its work to the voters of the State ; or two 
successive legislatures may submit any amendment to the 
voters. 

SUGGESTIVE QUESTIONS. 

What is meant by the State constitution ? How does it 
differ from other State laws ? 

Describe in outline the various parts of the constitution of 
New York State. What is meant by the "• bill of rights," 
as contained in the constitution ? 

Trace the beginnings of the idea of the written constitu- 
tion, in (i) the ancient city charter, (2) Magna Charta, (3) 
"Het Groote Priviligie," (4) the charters of the early 
American colonies. 

Describe the formation of the Fundamental Orders of Con- 
necticut. 

What law-making bodies were established by the New 
York State constitution of i JTJ ? 

Name a provision of the State constitution that in- 
dicates a distrust, on the part of the people, of the State 
legislature. 

When was our State constitution last revised ? By what 



122 GOVERNMENT OF NEW YORK. 

body ? Under what authority ? How did the revised draft 
finally become law ? 

Decribe the usual manner of amending the constitution. 

ADDITIONAL READING. 

Read Green's Short History of the English People ^ Chapter III., 
Sections II. and III., for an account of the origin and signing of Magna 
Charta. Read the same work, Chapter IV., Section IV., '• The Eng- 
lish Towns," for the growth and development of charter government 
in English cities. For an account of charter government in the 
American colonies, see Schouler's Constitutional Studies t Part I., 
Chapter II., "The Colonial Governments." For an account of the 
transition from colonial to State government, see Woodrow Wilson's 
The State, sections 1050 to 1065, On the nature, growth and de- 
velopment of American State constitutions, read Bryce*s American 
Commonwealth, Vol. I., Chapters XXXVII. and XXXVIIL 



CHAPTER XI. 
Personal Rights. 

Our forefathers went into the war of the revolution to 
defend their personal rights. They did not want independ- 
ence from Great Britain, so much as they wanted the right 
to make an honest living as British subjects on American 
soil. They did not want to be hampered by laws prohibit- 
ing them from making horseshoe nails, or from building 
vessels in which to carry their produce to market. They 
wished to be allowed to trade with their neighbors, or 
wherever they could get the most money for their goods, 
and they did not want to be forced to pay taxes which they 
had no part in assessing or collecting, and in the spending 
of which they had no voice. 

When the First Continental Congress met in Philadelphia, 
in 1774, its members drew up a petition to ParHament and 
king in which they said : " Permit us (in America) to be as 
free as yourselves, and we shall ever esteem a union with 
you to be our greatest glory and our greatest happiness." 
The British home government rejected this appeal for free- 
dom, and left the men of New York, Massachusetts, Vir- 
ginia, and the other colonies, no choice but submission or 
resistance by arms. 

When the people of the thirteen colonies, in 1776, de- 
clared their independence of Great Britain, and began to set 
up State governments of their own, naturally the first thing 
they wished to make sure of was the preservation of their 

123 



124 GOVERNMENT OF NEW YORK. 

personal rights. Accordingly we find standing first in nearly 
all the State constitutions adopted during the revolution- 
ary war, declarations of rights — rights which may never be 
abridged or taken away from the people. 

Declarations of Personal Rights in Early State Consti- 
tutions. — Such a declaration of rights, placed at the head 
of a newly-made State constitution, was usually known as a 
**bill of rights"; and these included nearly every impor- 
tant personal right known to our liberty-loving ancestors. 
Thus, the ** bill of rights " at the head of Virginia's new 
constitution, declared all political power to be vested in and 
derived from the people, and that the magistrates and pub- 
lic officers are the people's trustees and servants ; the Penn. 
sylvania ** bill " that all freemen have a right to elect or to 
be elected public officers ; the Massachusetts ** bill *' that if 
private property is taken for pubHc purposes it must be 
upon reasonable compensation; and the North Carolina 
<* bill " that every person has an inalienable right to worship 
God according to the dictates of his own conscience. 

Called " Bills of Rights " from the English Bill of Rights 
of 1689. — It is probable that these declarations of rights in 
the newly-made constitutions, were called ** bills of rights," 
in imitation of the great Declaration of Right, drawn up by 
the English Parliament in 1689, after the tyrannical James 
had been driven from England; this was presented to 
William and Mary, and accepted by them before Parliament 
would allow them to take the throne ; and afterwards it was 
enacted into law under the title of the '* Bill of Rights." 
Like Magna Charta, the Bill of Rights of 1689, is often- 
spoken of as being a part of the English constitution. 

The " Bill of Rights " in the New York State Constitu- 
tion. — ^New York's constitution, adopted in 1777, did not at 



PERSONAL RIGHTS. 125 

first contain a formal " bill of rights," although it embodied 
the utterances of the Declaration of Independence and in- 
cluded an endorsement of the Dutch principle of freedom in 
matters of religion. Before the close of the revolutionary 
war, however, a formal declaration of rights was placed in 
our State constitution. 

Looking at the constitution, as adopted by the voters 
after the last revision, in 1894, we find standing first, and 
before its various numbered sections this preamble : 

" We, the people of the State of New York, grateful to 
Almighty God for our freedom^ in order to secure its bless- 
ings do establish this constitution,'* 

There is here condensed in twenty-five words the history 
of the authority for our State government. Following the 
preamble is Article I. of the constitution, composed of 
eighteen sections, being the New York ** bill of rights." 

Arbitrary Power Not to be Exercised. — Article I., Sec- 
tion I of the State constitution reads : " No member of the 
State shall be disfranchised or deprived of any of the rights 
of privileges secured to any citizen thereof, unless by the 
law of the land or the judgment of his peers." What does 
this mean ? In plain words it means that no person of the 
State, however poor or humble, may, without just cause, as 
decided in a trial before a court of law, be deprived of his 
right to vote, of any money or property belonging to him, 
or of any other lawful right ; that if he loses any of his 
rights, it must be in consequence of crime, of which he has 
been found guilty by due process of law. 

To understand fully this section of the constitution, we 
must go back to the time when the English barons met 
King John at Runnymede and forced him to sign the Great 
Charter. In that charter there is a famous promise made 



126 GOVERNMENT OF NEW YORK. 

by the king which reads : " No freeman shall be seized, or 
imprisoned, or dispossessed, or outlawed, or in any way 
brought to ruin, save by the law of the land ^ and the legal 
judgment of his peers." John, we remember, had taken the 
lives and property of his subjects for his own selfish pur- 
poses. He had imprisoned men without trial or authority 
of the law, and had tortured them to make them give up 
their possessions. In this clause of Magna Charta he 
promised to stop such abuses. Section i of Article I. of 
our State constitution, is this famous promise of Magna 
Charta applied to modern conditions. 

Trial by Jury. — Section 2 of Article I. of the State con- 
stitution reads : ** The right of trial by jury in all cases in 
which it has heretofore been used shall remain inviolate 
forever." This fixes more firmly the guaranty against 
arbitrary power given by Section i. Trial by jury is a part 
of "the law of the land," or due process of law, by which 
the guilt or innocence of a person accused of crime is to be 
determined. It gives an accused person the right to de- 
mand that a jury of twelve impartial men ^ shall examine in 
open court the proofs of his innocence or guilt, and that 
only after the twelve have decided him guilty, is he to be 
punished. The jury is also used in determining the truth 

J " The words « by the law of the land,* as used in Magna Charta, are 
understood to mean due process of law ; — that is, by indictment or present- 
ment of good and lawful men ; and this, says Lord Coke, is the true sense 
and exposition of the words.'* — Kenfs Commentaries. " By * the law of the 
land* is most clearly intended the general law — a law that hears before it 
condemns, which proceeds upon inquiry, and renders judgment only upon 
trial. The meaning is that every citizen shall hold his life, liberty and prop- 
erty and immunities, under the protection of the general rules which govern 
society." — Webster in the Dartmouth College Case. 

8 The jury in the court of the justice of the peace consists of six men. 



PERSONAL RIGHTS. 127 

in private disputes, wherein one person sues another in a 
court of law. This right to a trial by a jury of twelve men 
is a very old one, and its beginning may be traced in a 
number of early English customs. When, in 1066, William 
the Conqueror crossed the channel, defeating the English at 
the battle of Senlac, he ordered a census of their houses, 
lands and cattle to be taken. For this purpose he ordered 
that twelve men in each neighborhood should give him the 
facts, swearing to their truth. This was termed ascertaining 
the facts ** by inquest." ^ It had long been a custom of the 
English people to settle disputes in folk meeting, where the 
freemen of the hundred or shire gathered in hundred-court 
or county-court to discuss and decide the pubHc business. 
At such meetings, both the person complaining and the 
person defending himself, after swearing each to his side of 
the matter, would, if possible, get twelve friends or neigh- 
bors to swear that they believed him to be a truthful man. 
It finally became a custom, about the time of King Henry 
II., to have the facts in all such disputes left to an impartial 
jury of twelve men, who were to ascertain the truth. Thus 
arose the legal right of trial by jury. 

The Right of Freedom of Conscience and Worship.— 
Section 3 of Article I. of our State constitution guarantees 
'* the free exercise and enjoyment of religious profession and 
worship without discrimination or preference," forever to 
every person in the State ; and declares that ** no person 
shall be rendered incompetent as a witness on account of his 
opinion in matters of religious behef." Thus, Catholic, 
Protestant, Jew, and Agnostic, stand on an equal footing 
under the law of New York. All have equal rights ; all may 
vote or hold ofifice. None is denied any public privilege. 
* Hence, possibly, the origin of the term " Coroner's Inquest." 



128 GOVERNMENT OF NEW YORK. 

But this liberty of conscience granted by the constitution, 
may not be construed to protect vicious or immoral practices 
carried on in the name of religion. 

The Writ of Habeas Corpus.^ — Section 4 of Article I. of 
the State constitution preserves to the people of New York 
the Writ of Habeas Corpus, and declares that this privilege 
shall not be suspended ** unless when in case of rebellion or 
invasion, the public safety may require its suspension." The 
writ of habeas corpus is an order that may be obtained from 
a judge by the relatives or friends of a prisoner, command- 
ing those restraining him to bring him into court, that it 
may be lawfully decided whether or not he is justly and 
legally restrained. The right to this writ or order is one of 
the oldest and most highly-prized rights of the English- 
speaking people. It is based on the famous promise of John 
in Magna Charta, that no freeman shall be taken, or im- 
prisoned, but by the lawful judgment of his peers.^ The 
right to the writ of habeas corpus applies in all cases where 
a person is believed to be unlawfully restrained. 

Excessive Bail Shall Not be Required, Nor Cruel Pun- 
ishments be Inflicted. — Section 5 of Article I. of the State 
constitution reads : ** Excessive bail shall not be required 
nor excessive fines imposed, nor shall cruel and unusual 
punishments be inflicted, nor shall witnesses be unreasonably 
detained." As we shall see in another chapter,^ when a 
person is arrested and accused of crime, instead of being put 

1 Habeas corpus, from the Latin, habeo^ to hold ; and corpus ^ the body. 

* Another clause in Magna Charta reads : " Nothing from henceforth 
shall be given or taken for a writ of inquisition of life or limb, but it shall be 
granted freely, and not denied." "This important writ," says Mr. John 
Fiske, " may have been the prototype of the writ of habeas corpus, and was 
granted for a similar purpose." 

3 Chapter XVI., " How Criminals are Brought to Justice." 



PERSONAL RIGHTS. 129 

at once into jail to await his trial, he is sometimes allowed to 
go free, on giving a pledge that he will appear in court to be 
tried at a future time. Giving such a pledge is called 
" giving bail,'' and this section of the constitution means 
that a court or judge cannot require a pledge so large that 
an accused person may not take advantage of this right. 
All of Section 5, except the part referring to witnesses, is 
taken word for word from the Bill of Rights of 1689. 

Other Rights of Accused Persons. — Section 6, of Arti- 
cle I., gives a person accused of crime the right to have the 
matter examined by a grand jury,^ and the further right of 
a public trial, at which the accused person is allowed to have 
a lawyer to defend him. It also says : " No person shall 
be subject to be twice put in jeopardy for the same offense ; 
nor shall he be compelled to be a witness against himself; nor 
be deprived of life, liberty or property without due process 
of law ; ^ nor shall private property be taken for public use 
without just compensation." 

Private Rights, and the State's Right of Eminent 
Domain — As will be seen from the last section, the law 
gives the people of the State the right to take private prop- 
erty for public purposes. This right is called the right of 
eminent domain. Under it the State can compel a man to 

1 See Chapter XVI., ** How Criminals Are Brought to Justice." 
' <* It, (the phrase, * due process of law *) has long been in use among law 
writers and judicial decisions as implying correct and orderly proceedings, 
which are due because they preserve all the securities for private rights which 
are applicable to the particular case. In this sense it is synonymous with 
* law of the land,' as used in the famous thirty-ninth chapter of Magna 
Charta, v/hich declared that no < freeman shall be taken, or imprisoned, or 
disseized or outlawed, or banished, or otherwise destroyed, nor will the king 
pass upon him or comm.it him to prison unless by the judgment of his peers or 
" the law of the land." * The identity of the two in meaning and purpose is 
now well settled." — Cooley, Principles of Constitutional Law, 



130 GOVERNMENT OF NEW YORK. 

ir 

give up his house and land, if the premises are needed for a 
pubHc institution, such as a schoolhouse, hospital, or park. 
Under the right of eminent domain, we see that the in- 
dividual holds his property subject to the greater right of 
the people of the State ; but the individual thus compelled 
to yield his private rights, is under the constitution, entitled 
to just and reasonable compensation. 

The Right of Freedom of Speech. — Section 8, of Article 
I. reads : *' Every citizen may freely speak, write and pub- 
lish his sentiments on all subjects, being responsible for the 
abuse of that right ; and no law shall be passed to restrain 
or abridge the liberty of speech or of the press." In prosecu- 
tions for libel the truth may be given in evidence. These 
are rights fully enjoyed in but few countries outside the 
United States. 

Freedom of Petition. — Section 9, of Article I. declares 
that ** no law shall be passed abridging the right of the peo- 
ple peaceably to assemble and to petition the government or 
any department thereof." This right has its origin in the 
English Bill of Rights of 1689, in which it was declared 
<' that it is the right of subjects to petition the king and all 
commitments and prosecutions for such petitions are illegal." 

Rights in Land. — Other sections of Article I. declare 
that the people of the State possess the original and ulti- 
mate ownership of the land of the State ; and that any land 
losing its private owner must revert to the State. Every 
private owner of land is given full right to sell or dispose of 
it, except that agricultural lands may not be leased for a 
longer period than twelve years. No one may buy land 
from the Indians without consent of the legislature; and no 
alien may own land in New York without formally declar 
ing his intention of becoming a citizen. 



PERSONAL RIGHTS. 131 

English Common Law and the Battle of Lexington.— 
Section 16, of Article I. declares that all parts of the com- 
mon law of England,^ not repugnant to the State constitu- 
tion, which were in force in the colony of New York on 
April 19, 1775, shall remain as a part of the law of the 
State. This is the date of the famous battle of Lexing- 
ton, in the beginning of the war of the revolution. After 
that assault upon American liberty, the people of New York 
no longer considered themselves as living under the laws of 
Great Britain. 

Civil and Political Rights. — The personal rights above 
described, as guaranteed to the people of New York by the 
State constitution, are known as civil rights, to distinguish 
them from other rights known as political rights. Civil 
rights belong equally to every man, woman and child of the 
State, while political rights are more in the nature of special 
privileges given to certain classes of people. Thus the 
right to vote is a political right, and is given generally to 
citizens who are twenty-one years old and over ; while the 
rights of freedom of speech, liberty of the person, personal 
security, freedom of conscience, and the right to hold prop- 
erty, are civil rights, belonging equally to all members of 
the State. 

Criminals May Lose Their Personal Rights.— A mem- 
ber of the State loses his political rights, such as the right to 
vote and to otherwise take part in the government of the 
State, on being convicted of a felony ; and he cannot there- 
after exercise these rights, unless restored to citizenship by 
the governor. This is not the case, however, as regards the 
civil rights of a convicted criminal. He is still entitled, 
after serving the sentence imposed for his crime, to the pro* 
1 See " Sources of State Law," Chapter XXV. 



132 GOVERNMENT OF NEW YORK. 

tection of the State in the enjoyment of his life, Hberty, and 
property ; but a person condemned to prison /(?r life loses 
all property rights, and is regarded by the State as legally 
dead. 

SUMMARY 

Article I. of our State constitution, known as the " Bill of 
Rights," guarantees the free exercise of many personal 
rights to the people of the State. 

Among the personal rights so guaranteed are freedom 
of the person, the right of trial by jury, freedom of 
conscience in religious matters, the right to the writ of 
habeas corpus, reasonable bails and fines, humane legal pun- 
ishments, reasonable compensation for private property 
taken for public uses, freedom of speech, and freedom to 
petition the government. 

Many of these personal rights are inheritances from 
Magna Charta, the English Bill of Rights of 1689, and 
customs of our English and Dutch ancestors. 

These personal rights belong equally to all the people of 
the State, and are known as civil rights. They are distin- 
guished from political rights, which are given only to certain 
classes of citizens. 

Criminals may lose both their civil and political rights. 

SUGGESTIVE QUESTIONS. 

What is the origin of the expression, " bill of rights " ? 

In what part of our State constitution do we find the 
" bill of rights " ? 

What does the constitution mean when it says that no 
member of the State shall be deprived of his rights " unless 
by the law of the land, or the judgment of his peers " ? 



PERSONAL RIGHTS, 133 

Describe the duties of a trial jury. 

What provision in the State constitution guarantees free- 
dom of conscience ? 

What is the writ of habeas corpus ? How is it obtained ? 
For what purpose ? 

What is bail ? What provision of the constitution guar- 
antees the right of bail ? 

Name three legal rights of a person accused of crime. 

Describe the right of eminent domain. For what pur- 
pose may it be used ? 

What is meant by *♦ freedom of petition '' ? 

What is the difference between a civil right and a politi- 
cal right ? Have all citizens equal political rights ? Have 
they equal civil rights ? How may a citizen lose his civil 
and political rights ? 



CHAPTER XII. 
The Right to Vote. 

As we walk the streets of a city or village in New York 
on the first Tuesday after the first Monday in November, 
we see here and there groups of people gathered in front of 
certain buildings designated as '' polling places." Some are 
hurrying into the polling places, or standing in line waiting 
for their turn to go in and vote. Others, having cast their 
ballots, are coming out. A poHceman, with club and badge, 
stands near — the visible symbol of the law. Men and women 
of every class — rich and poor, the merchant prince and the 
day laborer, the hard working farmer and mechanic, and the 
idle fellow — all gather at the polling places on election day. 

What is it all about ? Why is this voting going on ? 
Because this is the manner in which the people of the State 
of New York engage in the business of self-government. 
Every voter, as he puts his ballot into the box on election 
day, is for the time being a part of the government, as much 
as the sheriff who arrests a criminal, or the judge who 
sentences him from the bench. On election day the voter 
helps to choose public officers to do the public work. At 
the polling place he says, ** yes " or *' no," to a proposed 
State constitution. Here he votes for legislators to make 
the laws, a governor to enforce the laws, and judges to in- 
terpret the laws and to apply them in particular cases. 
The individual voter, as he casts his ballot, is thus the 
fundamental governing power in the State. 
134 



THE RIGHT TO VOTE. 135 

Who May Vote. — The New York State constitution, 
as amended in 191 7, says:^ ''Every citizen of the age of 
twenty-one years, who shall have been a citizen for ninety 
days, and an inhabitant of this State one year next preced- 
ing an election, and for the last four months a resident of 
the county, and for the last thirty days a resident of the 
election district in which he or she may offer his or her 
vote,^ shall be entitled to vote at such election in the elec- 
tion district of which he or she shall at the time be a resi- 
dent, and not elsewhere, for all officers that now are or 
hereafter may be elective by the people, and upon all 
questions which may be submitted to the vote of the 
people." An exception to this is made in favor of soldiers 
and sailors in time of war. They may vote, though they 
may not at the time of voting be in their home election dis- 
tricts, and their ballots will be counted as if cast in the home 
districts. 

Who Are Citizens. — Who are citizens, and what is the 
citizenship that gives a person the right to vote in New 
York.'^ Citizenship is a national rather than a State affair. 
A person must be a citizen of the United States in order to 
be a citizen of his State. *' All persons born or naturalized 
in the United States and subject to the jurisdiction thereof, 
are citizens of the United States and of the State wherein 
they reside," reads the fourteenth amendment of the United 
States constitution. A law of the United States ^ also de- 
clares that all persons born out of the country but of citizen 

1 Article II., Section i. 

2 « Provided, however, that a citizen by marriage shall have been an in- 
habitant of the United States for five years." An alien woman (that is, a 
foreigner) becomes a citizen by marriage when she marries a citizen, or (if a 
married woman) when her husband becomes a citizen. 

3 United States Revised Statutes, 2d ed., Section 1993, Title 25. 



136 GOVERNMENT OF NEW YORK, 

parents are citizens. Citizenship, for purposes of voting in 
New York State, implies therefore (for either men or 
women) j 

1. That the voter was born in the United States, and 
is not the subject of another nation ; or 

2. That, if born out of the United States, the voter was 
the child of parents who were citizens ; or 

3. That, though born in another country, the voter has 
been naturalized as a citizen of the United States.^ 

Some States allow immigrant residents, who have de- 
clared their intention of becoming citizens of the United 
States, to vote; but in New York only the full-fledged 
citizen, twenty-one years of age or over, may vote. The 
State confers the right to vote and fixes the qualifications 
of the voter in all elections. 

How an Alien ^ May Become a Citizen An alien 

man or woman who can speak English may become a citizen 
of the United States, and thus a citizen of New York, by : 

1. Living five years continuously in the United States, 
and one year in the State where naturalization is sought ; 

2. Making oath before a court of record ^ at least two 
years before his admission to citizenship, that it is his in- 
tention to become a citizen and to renounce forever his al- 
legiance to any foreign state or ruler, and to renounce 
any foreign titles or orders of nobility he may hold ; 

3. Making a formal petition, in due form ; and 

4. Taking an oath to support the constitution of the 
United States. 

1 A woman may also acquire citizenship by marrying a citizen. 

2 An alien is a person born in a foreign country and not a subject of the 
United States. 

3 A court which has a clerk and an official seal. 



THE RIGHT TO VOTE. 137 

The court must also be satisfied, by the evidence of 
the applicant and of two witnesses, that the applicant for 
citizenship has during the year before he takes this oath 
behaved as a person of good moral character, attached to 
the principles of the constitution of the United States, and 
well disposed towards the good order and happiness of 
the same.^ 

Some Exceptions to the Rule. — An alien, over twenty- 
one years of age, who has been honorably discharged from 
the army or navy of the United States, may take the oath 
admitting to citizenship, without any previous declaration 
of his intention to become a citizen, if he has lived a year 
in the United States and is a person of good moral charac- 
ter ; it being thought that a man willing to fight for the 
country is entitled to the rights of a citizen of the country. 
Minor children of naturalized parents, living in the United 
States, are considered as citizens ; and the naturalization 
of a husband makes his wife a citizen. Indians not taxed 
and Chinese are excluded from citizenship ; and idiots, 
lunatics, and criminals sentenced to State prison, are not 
allowed to vote. 

The people of New York seem to have a growing feeling 
of the importance and value of citizenship in the State, and 
desire only the best people from foreign lands to become 
citizens here ; so in order to prevent the hurried naturaHza- 
tion of unfit persons on the eve of election, the people 
placed in the constitution of 1894 the rule that a person 
must be a citizen of the United States for at least ninety 
days before being allowed to vote. Thus a naturalized 
citizen who has not been naturalized at least ninety days 
before an election, may not vote at that election. 

^ United States Revised Statutes, 2d ed., Section 2165, Title 30. 



138 GOVERNMENT OF NEW YORK. 

Citizens May Lose the Right to Vote. — A person con- 
victed of bribery or of desertion from the army or navy of 
the United States, or of an infamous crime punishable in a 
State prison, loses the right to vote, unless afterwards re- 
stored to citizenship. A person convicted of accepting 
money or any other bribe for voting, loses the right to vote 
for five years. A person who bets on the results of an 
election is also disqualified for voting at that election; and 
no person may vote at a general, special, or city election in 
New York, unless he has registered his name and address 
with the election officers at least ten days before the elec- 
tion. This helps to prevent fraudulent voting, by giving the 
officials and others interested, an opportunity to look up the 
person registering and to find out if he be entitled to vote. 
This rule requiring registration does not apply in town 
elections, or in villages having a population of 5,000 or less, 
except by special law of the State; it being supposed that 
in such small places every voter is known, and that oppor- 
tunities for illegal voting are consequently small. 

In School District Meetings. — In the school district 
elections held in the country districts of the state, the men 
and women of the district, who are citizens of the United 
States and of full age, and who own or rent houses or lands 
in the district, or who pay taxes on personal property of 
the value of fifty dollars in the district, or who have living 
with them children who have attended the district school 
for at least eight weeks during the year, meet and vote 
much as in the town meeting. At these meetings the 
people elect school officers and determine the amount of 
money to be raised and expended for school purposes. 

Voting a Political Right. — The right to vote is a political 
right rather than a civil right. That is, the right to vote is 



THE RIGHT TO VOTE. I39 

not a right inherent in a citizen of a State, like the right of 
freedom of speech, or of Hberty of conscience ; but it is a 
privilege to participate in the government, conferred upon a 
certain class deemed competent to exercise it. Thus while 
the constitution guarantees to all persons in the State — men, 
women and children — the exercise of the civil right of free 
speech, it limits the general political right of voting to cer- 
tain male and female citizens, twenty-one years of age and 
over. A State has power to restrict or extend the right 
to vote; but the United States constitution, Amendment 
XV., forbids any State to abridge or deny the right of any 
citizen to vote '' on account of race, color, or previous con- 
dition of servitude." 

Voting a Duty. — No man or woman enjoying the pro- 
tection of the laws, and wishing to see them faithfully exe- 
cuted, and the public business properly performed, should 
fail to exercise the right to vote ; for constitutions and stat- 
utes avail but little in the ordinary management of public 
affairs, unless they have back of them honest, faithful, and 
efficient public officers. How the people of New York vote, 
and the manner of choosing public officers, are described in 
detail in Chapter XX., '' The Conduct of Public Elections." 

History of the Suffrage. — At the time of the Revolu- 
tionary War the male landowners, as a rule, constituted 
the voters. Early in the nineteenth century citizen suffrage 
was substituted for landowners' suffrage. In 1870 the 
Fifteenth Amendment forced negro suffrage upon the 
States. Later the privilege of voting gradually assumed 
a position of more importance. The States of Connecti- 
cut, Massachusetts, Maine, Delaware, California, and 
Wyoming require the citizen to be able to read and write 
before allowing him to vote. Mississippi, Louisiana, Ala- 



140 GOVERNMENT OF NEW YORK. 

bama, and the Carolinas have adopted provisions which 
work to exclude negro illiterates from the suffrage, but by 
indirect methods admit most native whites. Many States 
allow women to vote at school elections. About one fourth 
of the States, including New York, have equal suffrage for 
both men and women. 



SUMMARY. 

The ordinary citizen takes part in the government of his 
State when he votes at public elections. 

The right to vote in New York is confined to citizens of 
the United States, twenty-one years of age and over. 

Aliens, resident for five years in the United States, may 
become citizens on making formal declaration of their inten- 
tion so to do, and on taking the oath of allegiance. 

The United States confers citizenship, but the State con- 
fers the right to vote. 



SUGGESTIVE QUESTIONS. 

Is the right to vote a civil or a political right? 

What government in this country confers the right to 
vote ? What government confers citizenship ? 

Mention five requirements of a legal voter in New York 
State. 

Who are citizens ? 

How may an alien obtain citizenship in the United 
States ? 

Mention three ways in which a citizen may lose his vote 
at a particular election. 



CHAPTER XIII. 

Departments of State Government — The Legisla- 
ture. 

If we go through a large cotton manufactory, during the 
height of the busy season, we see in one part of the factory 
huge bales of cotton fiber brought in from the trucks, un- 
packed and assorted. In another part we hear the roar of 
machinery, as clashing looms and flashing shuttles lengthen 
inch by inch the new-made woof into good cloth. In 
another department we see this cloth in the process of 
bleaching ; while in a fourth, busy packers and shippers are 
preparing to send it to market. In still another part of the 
establishment is the manager's office, with its small army of 
clerks and bookkeepers. Each department has a different 
work to do, but all are working harmoniously for a common 
purpose. As in the manufactory, so in the vast and com- 
plicated business known as the government of the State, the 
work is carried on in different departments, yet all with the 
single aim of service to the people. 

Three Departments of Government. — There are, as we 
have seen, three general departments running through the 
government of the United States, the governments of the 
several States, and the local governments of town, village, 
city, and county, organized under the government of the 
State. These are the Legislative, Executive, and Judiciary 
Departments. The legislative department makes the laws. 
The executive department enforces the laws, and the 

141 



142 GOVERNMENT OF NEW YORK. 

judiciary department interprets the law, and applies it in the 
trial of criminals and civil suits at law. The legislative de- 
partment is represented in the State by the legislature, in 
the county by the board of supervisors, in the town by the 
town meeting, in the city by the common council or board 
of aldermen, and in the village by the board of village 
trustees. The head of the executive department of the State 
is the governor, of the city the mayor, ^nd of the village the 
village president. It is not so easy to point out the executive 
head of the county and the town; for while the sheriff may 
be the most important county executive officer and the 
supervisor the most important executive officer of the town, 
neither sheriff nor supervisor can be said to be over or 
superior to the other county and town executive officers. 
The judiciary department is composed of courts and judges. 
Three Departments Not Always Separate and Dis- 
tinct. — While the work of these three departments is, as a 
rule, quite separate and distinct, each department having its 
own officers usually unconnected with the other depart- 
ments, there are many public officers who perform duties in 
more than a single department. Thus the governor of the 
State, while at the head of its executive department, is an 
important part of the legislative department, most bills 
before becoming laws being approved by him. The gover- 
nor also exercises judicial functions in reviewing the facts in 
cases where criminals sentenced by the courts appeal to him 
for pardon or commutation of their sentences. In other 
countries there is often much less separation of the three 
departments of government than in ours. Thus, in Eng- 
land, the cabinet, comprising the chief executive officers of 
the government, is composed of active members of the 
British Parliament, the law-making body ; while in such 



THE LEGISLATURE. 143 

countries as Abyssinia and Siam the head of the state is at 
once the chief law-making, law-enforcing and law-interpret- 
ing power. 

Development of the State Legislature.— In our study of 
the town meeting we saw the freemen of the ancient Ger- 
man mark gather beneath some giant oak, parcel out the 
common land, and decide upon the rules for its cultivation. 
In the German tribal assembly we saw warriors from the 
different villages meet in field or forest to debate questions 
of peace or war. We heard their shouts of opposition, or 
the clashing of spears on shields as they signified their as- 
sent to some favored proposition. Such were the rude be- 
ginnings of legislation among our German ancestors. 
Later, in the English shire meeting, the " reeve and four 
discreet men *' from each town in the shire, were sent to take 
the place of the original primary assembly of freemen now 
grown too large to handle conveniently. In the shire meet- 
ing laws were thus made by representatives of the people, 
instead of directly by the people, as in the mark meeting 
and the town. Our modern State legislature is a still 
further extension of the principle of law making by thepeo- 
pie's representatives, and over a much larger territory than 
the English shire. 

New York's Legislature. — The State legislature derives 
its authority to make laws from the constitution adopted by 
the voters of the State ; and it is composed of representa- 
tives chosen by these voters. It meets regularly once a 
year on the first Wednesday in January at the State capitol 
at Albany. It comprises two divisions, or *' houses " — n 
Senate of fifty or more members elected biennially, and 
an assembly of 1 50 members elected annually. Each house 
has its separate meeting place or ** chamber," magnificently 



144 



GOVERNMENT OF NEW YORK. 



decorated and furnished in the State capitol building. The 
Ueutenant governor of the State is the presiding officer of 
the senate, but he does not vote in that body except in case 
of a tie. The assembly elects one of its own members to 
preside over it. He is called ** The Speaker," and he may 




SENATE CHAMBER, ALBANY, N, V. 

vote on all measures coming before the assembly. A ma- 
jority of each house constitutes a quorum for the purpose 
of doing its ordinary business, and the members receive an 
annual salary of ;^ 1,500 each, paid out of the State treasury.^ 

> In addition travelling expenses of ten cents a mile are allowed each mem- 
ber, from his home to Albany and return, once during each session of the 
legislature. 



THE LEGISLATURE, ,45 

The LfCgislature and the People. — The legislature, thus 
constituted, is in theory the servant of the people, created by 
the people through the constitution, and empowered to 
make laws for the State. In town meeting we see the 
voters decide directly, **yes" or "no" propositions affecting 
their interests. In the legislature we see representatives of 
the people, chosen by the voters, deciding for the people. 
Wliy do we not have direct democratic government in the 
State at large, as in the town meeting ? As in the case of 
the English shire and the modern American county, prin- 
cipally because it would be impracticable for all the voters 
of the State to meet and vote directly upon the complicated 
matters involved in the vast pubHc business of the State, 
So the people, through the constitution, have provided that 
the State shall be divided into senate districts, and into as- 
sembly districts, and the voters in each senate district choose 
every two years a senator, and the voters in each assembly 
district every year an assemblyman, to speak and act for 
them in matters of law making left to the State legislature. 

Why a Legislature of Two Houses. — ^Why do the peo- 
ple choose a legislature of two houses with varying terms 
of ofifice ? Could not a single legislative house do the work 
in a manner satisfactory to the voters ? Yes, and no. A 
single legislative body chosen to-day may represent to-day 
the views of a majority of the voters upon some burning 
public question. Six months from to-day the sober second 
thought of the majority may modify or entirely change its 
former view of the question at issue. If there be a second 
legislative house elected for a term of ofifice differing from 
the first, the sober sense of the mass of the people is likely 
to be in the long run better represented than by a single 
house. Two legislative houses act as checks upon each 



146 GOVERNMENT OF NEW YORK, 

other, and tend to prevent the making of careless, ill-timed 
and hasty laws. It is also, however, more difficult to get 
a good law passed by two houses than by one. A few 
States^ began with a legislature of a single house, but 
they soon gave up the plan. New York's two-chambered 
legislature grew naturally out of the old provincial assem- 
bly, composed, first, of the governor's council, and second, 
of representatives elected by the people of the counties. 

Legislatures May Misrepresent the People. — It has been 
said that the legislature is in theory the servant of the peo- 
ple, carrying out in its acts or laws the wishes of the people 
who have elected it. In practice, however, a legislator in a 
modern American State may be anything but the people's 
servant. A senator or assemblyman, once chosen, is under 
the law absolutely independent of the people of his district. 
He may vote against their interests, and as long as he vio- 
lates no law of the State, the people have no relief against 
his //^/.^-representation, except to elect another man in his 
place when his term of office expires. To remedy partially 
this apparent defect in our present form of representative 
government, it is proposed by some to make what are 
known as the Initiative and Referendum a part of the 
State fundamental law. Under the initiative, when a cer- 
tain number of voters petition for a law, it is submitted 
to a vote of the people, much as amendments to our State 
constitution are now submitted — unless the legislature 
itself chooses to enact the law. By a referendum petition, 
a certain number of voters may suspend a law newly 
passed by the legislature, and have it submitted to popu- 
lar vote. Another device, the Recall, enables the people, 
by vote, to remove an officer before the end of his term. 

1 Pennsylvania, Georgia, and Vermont. 



THE LEGISLATURE. 147 

The initiative, referendum, and recall are in use in sev- 
eral States. 

The Constitutional Convention. — An important part of 
the State legislative department is the constitutional con- 
vention, elected from time to time, by the people, for the 
purpose of revising the constitution or of preparing amend- 
ments to it. The manner of electing the members of a con- 
stitutional convention, and of submitting the work of the 
convention to the people, has been described in a previous 

chapter. 

SUMMARY. 

State and local government is carried on in three depart- 
ments, legislative, executive and judiciary. 

The legislative department makes laws, the executive 
department enforces the law, and the judiciary department 
interprets the law and applies it in particular cases. 

The legislature, composed of a senate of fifty or more 
members and an assembly of one hundred and fifty mem- 
bers, is the chief constituent of the State's legislative de- 
partment. 

The legislative houses act as checks upon each other to 
prevent ill-advised and hasty legislation. 

SUGGESTIVE QUESTIONS, 

What are the departments of State government } De- 
scribe generally the purposes of each. 

Describe the constitution of the New York legislature. 

How do the powers of the speaker differ from those of 
the lieutenant governor, while presiding over the senate ? 

What are the advantages and disadvantages of a legis- 
lature composed of two houses instead of one ? 

Explain the initiative and referendum ; the recall. 



148 



^.-^<^^ 




CHAPTER XIV. 

The Legislature — (Continued). 

Every ten years the people of New York are counted 
for the purpose of apportioning senators and assemblymen 
among them. This count takes place in the years ending 
with the figure 5. On the result of such count or " census," 
as it is called, are fixed the boundaries of the senate and 
assembly districts. 

Senate Districts and Senators. — The State constitution ^ 
says that the ratio for apportioning senators shall always be 
found by dividing the whole number of inhabitants of the 
State, aliens excepted, by fifty. Thus if the State at a par- 
ticular census be found to contain a population of ten mil- 
lions, each 200,000, or one fiftieth part of the whole, would 
be entitled under the ratio, to elect one State senator. This 
strict mathematical rule is not however carried out in prac- 
tice ; for the constitution further says, that in forming senate 
districts, no county may be divided, except to form two or 
more districts wholly within it ; and further, that no one 
county may have more than one third of all the senators ; 
and that no two counties joining each other may have more 
than one half of the senators of the State. This rule is 
intended to prevent a small section of the State, with a 
preponderance of population, from making laws in the 
interest of tlie section as against the interests of the State 
as a whole. 

* Article III., Section 4. 

149 



THE LEGISLATURE, 151 

When There Maybe a Senate of More than Fifty Mem- 
bers. — Though the ratio for apportioning State senators 
among the people is one fiftieth of the entire population, the 
senate is not limited to exactly fifty members. ** The senate 
shall always be composed of fifty members," says the constitu- 
tion, ** except, that if any county, having three or more sen. 
ators at the time of any apportionment, shall be entitled on 
such ratio (the population of the State divided by fifty) to an 
additional senator or senators, such additional senator or sen- 
ators shall be given to such county in addition to the fifty" ; 
and the whole number of State senators shall be increased 
by the additional number allowed the particular county. 
In the apportionment made after the census of 1905, Kings 
county was given eight senators instead of the seven it 
formerly had ; so for the following ten years the number 
of State senators was made fifty-one. For the senate dis- 
tricts, see page 148. 

Assembly Districts and Assemblymen. — The quotient 
obtained by dividing the entire population of the State, 
aliens excluded, by the whole number of assemblymen, is 
the ratio for apportioning assemblymen among the people ; 
but each of the sixty counties of the State organized before 
1894 must have at least one assemblyman, except the Adi- 
rondack counties of Fulton and Hamilton, which together 
have but one. Under this rule every part of the State has 
its representative in the more popular branch of the legis- 
lature. Every county having a population of one and 
one half times the ratio, or more, must have at least two 
assemblymen. The remaining assemblymen are appor- 
tioned among counties having a population of more than 
two ratios, and in proportion to the population of each. 



152 GOVERNMENT OF NEW YORK. 

By act of 191 7, New York county has twenty-three as- 
semblymen; Kings, twenty-three; Erie and Bronx, eight 
each ; Queens, six ; Monroe and Westchester, five each ; 
Albany, Oneida and Onondaga, three each ; Broome, 
Chautauqua, Dutchess, Nassau, Niagara, Orange, Rensse- 
laer, Richmond, St. Lawrence, Schenectady, Steuben and 
Suffolk, two each ; thirty-eight other counties, one each ; 
and Fulton and Hamilton together, one. 

The board of supervisors of any county entitled to more 
than one assemblyman, divides the county into assembly 
districts. Where the county has no supervisors, and its 
limits are included within the limits of a city, the common 
council of the city divides the county. No town and no 
city block may be divided in forming assembly districts. 

Proportional Representation. — In other countries several methods 
of '^proportional representation" have been tried, in order to give 
minority parties fair representation in legislative bodies. In Illinois 
each district elects three members of the lower house, and cumulative 
voting is permitted ; that is, the voter may cast all three of his votes for 
one candidate, or may cast two votes for one man and one for another. 

Who May be Elected to the Legislature. — The people 
may elect any citizen of the State twenty-one years of age, 
to either the senate or assembly ; but no person may be a 
member of the legislature and hold at the same time an- 
other public ofifice. The same is true of a person who, 
within one hundred days of his election as senator or 
assemblyman, has been a member of Congress, or a civil or 
military officer of the United States, or an officer of any 
city government.^ These are rules adopted by the people 
to keep the lawmakers free from the influence of other de- 
partments of government, and free from national or local 
* New York State Constitution, Article III., Section 8. 



THE LEGISLATURE, 153 

influences that might interfere with their impartial action in 
favor of the State. 

Organization. — The first work of each house of the 
legislature on meeting in January, is to organize by choos- 
ing its officers. The assembly, as we have seen, elects its 
speaker, and each house elects, from outside its member- 
ship, a clerk to keep the journal, a sergeant-at-arms to 
maintain order, a chief doorkeeper and some other officers. 
Many minor officers and assistants are appointed by the 
clerk, and many by the presiding officer of each house. 

The choice of officers is conducted on party lines. In 
each house the members belonging to each political party 
hold unofficial meetings by themselves, called ** caucuses.'' 
The elective officers of each house are really chosen in the 
caucus of the majority party. The caucus of each party 
also selects a leader to look after the interests of the party 
during the session ; and from time to time the caucus may 
meet on call of the leader to decide what position the party 
shall take on proposed laws. 

How State Laws are Made. — First, a proposed law, or 
** bill,*' as it is called, is introduced by some member of the 
senate or assembly, who thus becomes sponsor for the bill. 
If in the assembly, the bill goes to the clerk of that body 
and from him to the speaker, who at the proper time 
announces its introduction and reads the title of the bill. 
This is called *^ the first reading of the bill.'' In the 
senate each senator personally introduces his own bills. 
After its " first reading " a bill is printed and is sent ^ by 
the presiding officer to a committee previously appointed 
by him to consider proposed laws upon similar subjects. 

Committees of the Legislature. — The members of each 

^ After " first reading " in assembly; after *' second reading " in senate. 



154 GOVERNMENT OF NEW YORK, 

house — senate and assembly — are, at the beginning of each 
session of the legislature, divided into committees to con- 
sider proposed laws. In the assembly the members com 
posing such committees are named by the speaker ;i in the 
senate by the lieutenant governor or other presiding officer.^ 
In both senate and assembly standing committees, of from 
five to fifteen members each, are appointed on each of 
such subjects as finance, judiciary, affairs of cities, canals, 
commerce and navigation, insurance, railroads, taxation and 
retrenchment, internal affairs of towns and counties, public 
education, affairs of villages, agriculture, revision, rules.^ 
Besides its standing committees, each house may have a num- 
ber of select or special committees to consider matters out- 
side the lines of ordinarily proposed legislation. On each 
committee, as a rule, a majority of members are from the 
majority party, and a minority from the minority party. 
The speaker acts as chairman of the assembly committee 
on rules. 

Work of the Legislative Committees. — When a bill, 
after its introduction, has been referred to the proper com- 

1 The speaker, as presiding officer, is addressed by any members rising to 
speak in the assembly; and no one can "have the floor" until the speaker 
has " recognized " him. As chairman also of the committee on rules, the 
speaker exerts a powerful influence on legislation, and is a more important 
officer than the lieutenant governor. 

2 The lieutenant governor is the constitutional president of the senate; 
but the Constitution, Article III., Section lo, provides that the senate shall 
choose a temporary president (president /r6> tempore')^ in case of the absence 
or impeachment of the lieutenant governor, or in case he refuses to act as 
president, or is acting as governor. 

^ A complete list of the standing committees of senate and assembly, vv^ith 
the members composing them at any session of the legislature, may be found 
in the ** Red Book," or State Legislative Manual for that particular year. The 
Red Book contains also much other valuable information. 



THE LEGISLATURE. 155 

mittee, its members proceed to hear the arguments both 
for and against it. These hearings may be pubhc, and 
prominent men on both sides of the question may be invited 
to present their views. After sufficient consideration, and 
perhaps alteration of the bill, the committee reports it either 
** favorably" or ''unfavorably" to the house in which it 
originated. An '' unfavorable " report is often sufficient to 
" kill the bill," that is, to prevent further action being taken 
in its favor ; but not always. Committees kill many bills 
by making no report on them at all. The great ad- 
vantage of the committee system is that it enables the leg- 
islature to do more business than it otherwise could, for 
lack of time. But power and responsibihty are divided 
among different committees, thus preventing harmonious 
legislation and giving opportunity for underhand influence.^ 

The committee system has been extended also to include the work 
of investigating various questions and problems on which the legisla- 
ture may need to pass laws. Thus a commission of members of either 
house, or a joint commission of members from both, may be instructed 
to take evidence concerning the conduct of insurance companies, or 
the government of cities, or the corruption of public officials. 

Debating Proposed Laws. — When a bill has been for- 
mally reported to senate or assembly by the committee 
having it in charge, it may then be taken up section by 
section, debated, amended if thought necessary, perhaps 
recommitted to the original committee or some other com- 

1 As committees usually meet behind closed doors, the committee system 
has facilitated the growth of the lobbying evil. Lobbyists are men employed 
to influence legislation in favor of private or class interests. Sometimes they 
use legitimate arguments ; but sometimes they have resorted to bribery, or 
have worked through the "invisible government" of political leaders or 
" bosses " who hold no office but are able to control the votes of legislators. 



156 GOVERNMENT OF NEW YORK. 

mittee for further consideration and report,^ and finally 
agreed to by a majority of the house. Such favorable ac- 
tion is called passing a bill "on its second reading ";2 or 
the bill may be defeated, on motion to pass it on a second 
reading. A bill passed on its second reading ^ is then printed 
in its final form, and it cannot be afterwards changed. In 
this final form the bill must He for three legislative days 
(unless the governor certify that the bill should at once 
become a law) on the desks of the members of the house, 
before it can be passed on its '' third " or final reading.^ 
This deliberation gives each legislator an opportunity to 
examine carefully all bills before finally voting upon them. 
'^Committee of the Whole." — Before its final passage on 
third reading, a bill is often considered and debated in what 
is termed ** Committee of the Whole.'' The committee of 
the whole includes the entire senate, or the entire assembly. 
In committee of the whole the strict formal rules of the 
legislative body are laid aside, the speaker or other presid- 
ing officer leaves the chair, naming some member of the 
house to take his place, and free and informal debate upon 
the merits of the proposed law is indulged in. When such 
discussion is completed, the committee of the whole resolves 
itself into senate or assembly, as the case may be, and the 
chairman of the committee reports what action has been 
taken. The committee of the whole cannot conclude any 

1 A bill sometimes inclufles provisions that fall within the province of more 
than one committee. There is also a revision committee in each house. Fur- 
thermore, three competent persons are engaged by the temporary president 
of the senate and the speaker of the assembly to give expert assistance in the 
drafting and revision of proposed bills, whenever asked by either house of the 
legislature, or by any committee or member. 

^ In the assembly ; the senate acts in committee of the whole at this stage. 

^ New York State Constitution, Article III., Section 15. 



THE LEGISLATURE, 157 

business and cannot adjourn ; it is simply a legal fiction for 
securing freedom of debate. 

Bills Must Pass Both Houses. — A bill, after passing the 
house in which it originated, goes to the other house, where 
it is referred to the proper committee to go through a pro. 
cedure similar to the one in the house where it originated. 
No bill may become a law, except by the assent of a ma- 
jority of the members elected to each branch of the legis- 
lature.^ If the two houses disagree on some parts of a bill 
which both wish to pass, they may appoint conference com- 
mittees to act together in reconsidering the bill. The form 
of the bill recommended by such committees (often a com- 
promise) may or may not then be passed by both houses. 

Whenever public money is appropriated for any purpose, 
at least three fifths of the members of each house must be 
present when the vote is taken.^ Bills appropriating pub- 
lic money for private purposes, must receive a two-thirds 
affirmative vote of the members elected to each legislative 
house, in order to become laws.^ These restrictions are 
placed on the legislature by the people of the State, in 
order to prevent a careless and hasty spending of the public 
money. 

Action by the Governor on Bills. — -Bills which pass in 
both senate and assembly, go to the governor of the State 
for his signature. If the governor approves a bill, he signs 
it and it becomes a law. If he disapproves it, he returns 
it to the house in which it originated, with a statement of 
his objections. This is called the ''governor's veto" of the 
bill. The bill may then be reconsidered, and if finally ap- 

1 New York State Constitution, Article III., Section 15. 

2 New York State Constitution, Article III., Section 25. 
^ New York State Constitution, Article III., Section 20. 



158 GOVERNMENT OF NEW YORK, 

proved by two thirds of the assembly and two thirds of the 
senate, it becomes a law without the governor's signature.^ 

If a bill sent to the governor be not returned by him 
within ten days (Sunday not counted) after it is presented to 
him for his signature, it becomes a law without his signa- 
ture, if the legislature is still in session. On adjournment 
of the legislature, the governor has thirty days in which 
to consider unsigned bills in his possession. If he sign 
them within that time, they become laws; if not, they fail. 

In an appropriation bill the governor may veto one or 
more items while approving the rest. 

The governor, though the head of the executive depart- 
ment, is thus an important part of the law-making power. 
Because of his veto power, he is generally held chiefly 
responsible if he signs an ill-advised measure. Moreover, 
as governor and as party leader, he is expected to use his 
influence with members of the legislature in securing the 
passage of good laws. 

What the Legislature May and May Not Do. — The leg- 
islature may enact any general law, applying to the people 
of the whole State, that is not in conflict with the constitu- 
tion and laws of the United States^ and the State constitu- 
tion. Similarly the legislature may also repeal any law 
previously enacted. Each legislative house makes its own 
rules, and judges of the qualifications of its members. The 
legislature is prohibited from enacting private or local laws 
in the following cases : 

Changing names of persons ; laying out or affecting roads or drain- 
ing swamps ; locating or changing county seats ; locating or changing 

1 New York State Constitution, Article IV., Section 9. 

2 For Acts forbidden a State by the Constitution of the United States, see 
" Acts Forbidden to the Governments of the Several States," Chapter XXII. 



THE LEGISLATURE 159 

venue in civil or criminal cases ; incorporating villages ; providing 
for electing supervisors or summoning jurors ; regulating the rate of 
interest on money ; conducting elections ; creating or changing fees 
of public officers during their term ; granting the right to lay railroad 
tracks ; granting to any private corporation, association or individual 
any exclusive privilege, immunity or franchise ; providing for build- 
ing bridges, except on the Hudson below Waterford, on the East 
River, or over waters forming the boundaries of the State. But the 
legislature may pass general laws applying to any of these subjects. 

The legislature may not audit or allow any private claim 
against the State, but it may grant money for the payment 
of claims, after they have been audited and allowed by the 
proper public officers. 

By imposing these and other restrictions on the legislature (pp. 125- 
131, 156, 157), the people to some extent show distrust of it; but this 
distrust exists to a much greater extent in some other States. In most 
of the States the legislature meets only once in two years ; many States 
fix a time limit for sessions of the legislature ; and several have adopted 
the initiative and referendum (p. 146). This distrust is shown also in 
the fact that the newer State constitutions are generally longer than the 
old ones, because they contain so many minute provisions which might 
have been left to the legislature to make. The Constitution of Okla- 
homa, an extreme case, is many times as long as the Constitution of the 
United States, and several times as long as the older State constitutions. 

Not only do the State constitutions differ greatly in detail, but the 
laws passed by the different legislatures are widely diverse. On some 
subjects this diversity is proper and wise, because local conditions vary 
in the several States, and laws suited to one State may be unsuitable 
for another. But, on the other hand, frauds, immorality and other 
serious evils have been fostered by diversity in laws governing marriage 
and divorce, the regulation of corporations and some other subjects.^ 

1 In 1908 the President of the United States invited the governors of all 
the States to meet in Washington to discuss some subjects requiring State 
legislation. The assemblage was often spoken of as the " House of Govern- 
ors." Other meetings of a similar unofficial character have been held since 



i6o GOVERNMENT OF NEW YORK, 

State Finances. — One of the most important duties of 
the legislature is to control the finances of the State : levy 
taxes and decide what appropriations shall be made. The 
State has borrowed large sums for the improvement of 
highways and canals; the legislature provides for paying 
the interest on this public debt and for paying the princi- 
pal when due. In addition the ordinary running expenses 
of the State are about $50,000,000 a year, of which about 
20 per cent is for the various State administrative depart- 
ments ; about 4 per cent for the legislature (and legislative 
printing), 4 per cent for the State courts, 4 per cent for 
prisons and reformatories, and 25 per cent for charitable 
purposes, hospitals for the insane, etc. ; more than 20 per 
cent for educational purposes ; about 4 per cent for the 
organized militia and State police, and about 12 per cent 
for public works, such as highways, public buildings, etc.^ 
An act of 1916 requires the governor to submit a statement 
of such expenses desired for each year, and provides for 
the careful consideration of a budget prepared by com- 
mittees of the senate and assembly. 

Freedom of Speech and the Legislature. — Each legis- 
lative house — senate and assembly — is the sole judge as 
to whether its members have been properly elected to it, and 
as to whether or not they are entitled to seats in it. No 
member of either house may be made to suffer, under the 
law, for any speech he may make in the legislature, or for 
any information he may furnish to enable it to perform its 
duty to the people.^ This rule is similar to a provision 

then, and by the interchange of opinion they have a tendency to lessen the 
diversity of State lav^s. 

^ For the revenue of the State, see Chapter XIX. 

2 New York State Constitution, Article III., Section 12. 



THE LEGISLATURE. i6i 

in the English Bill of Rights of 1689, in which it was de- 
clared that ** freedom of speech and debates or proceedings 
in parliament ougfit not to be questioned in any court or 
place out of parliament." 

Election of United States Senators. — Until 191 3, an 
important duty of the legislature was the election of sena- 
tors to represent the State in the United States senate. 
When a United States senator was elected the two houses 
sat in joint session — that is the senate and assembly met 
as a single body — and voted at least once a day till a sena- 
tor had been chosen by a majority of the votes cast.^ 

Power to Impeach and Remove Public Officers. — 
A public officer guilty of wrongdoing, may be tried and 
removed from office by what is called the process of im- 
peachment. In such cases the assembly makes a formal 
charge against the offending officer, reciting the facts of his 
wrongdoing. This charge is called the impeachment. The 
impeachment is heard by the members of the State senate, 
the judges of the State court of appeals, and the lieutenant 
governor, sitting together as a court for the trial of impeach- 
ments. A majority of the senators and judges must be 
present to constitute this court, and a two-thirds vote of all 
present is necessary to convict the accused public officer, 
who, if declared guilty, may be removed from his office and 
disquaHfied from holding any other office of honor, trust, or 
profit under the State. Besides his impeachment and re- 
moval from office, a public officer found guilty of wrong- 
doing may be punished like a common criminal, by sentence 
of the ordinary courts of the State. 

Other Legislative Powers. — It is provided by State law 
that the governor shall appoint many important public offi- 
1 See « Election of Senators," Chapter XXIII. 



i62 GOVERNMENT OF NEW YORK. 

cers, ** by and with the advice and consent of the senate.'* 
Under this provision the governor names the persons to fill 
certain offices, sending these ** nominations," as they are 
called, to the senate, which then, by majority vote, confirms 
or rejects them. This power of the senate to reject a 
nomination to office is an important check in preventing 
possible bad appointments. 

SUMMARY. 

Senators and assemblymen are apportioned among the 
people of the State on the basis of population. For this 
purpose a State census is taken every ten years. 

The ratio for apportioning senators is one fiftieth of the 
State's population, and the ratio for apportioning assembly- 
men is the whole population of the State divided by the en- 
tire number of assemblymen. 

Every county in the State, except Fulton and Hamilton, 
is entitled to at least one assemblyman ; and the supervisors 
of a particular county, entitled to more than a single assem- 
blyman, divide it into assembly districts. 

Any citizen of the State is generally eligible for the office 
of either senator or assemblyman ; but no man while a 
member of the State legislature may hold any other public 
office. 

Laws are made by their passing both senate and assem- 
bly by a majority vote in each. They are then signed by 
the governor. The governor may veto a proposed law, but 
it may be re-passed over his veto by a two-thirds vote of 
both senate and assembly. 

The legislature is prohibited by the constitution from enact- 
ing private or local laws in many specified cases. Formerly, 
the senators and assemblymen, in joint session, elected 



THE LEGISLATURE. 163 

United States senators to represent the State in Congress. 
The assembly may bring impeachment cases against pubHc 
officers before the senate, the judges of the court of appeals 
and the lieutenant governor, sitting together as a court for 
the trial of impeachments. The senate passes upon nomi- 
nations to office made by the governor. 

SUGGESTIVE QUESTIONS. 

In what years, and for what purposes, is the State census 
taken ? 

What provisions in the constitution prevent New York 
city from ever obtaining a preponderance of power in the 
State legislature ? 

What two counties of the State are together allowed but 
one assemblyman ? 

What body divides a county into assembly districts ? 

Why is a member of the State legislature not allowed to 
hold at the same time another office ? 

What provision of the constitution guarantees freedom of 
debate in the legislature ? 

Mention six steps in the passing of a law through the 
State legislature. What provision of the constitution en- 
sures deliberation in the passing of laws ? What special 
provision applies to the passing of bills appropriating public 
money ? 

Describe the work of standing committees of the legisla- 
ture. How are these committees named ? 

Describe in detail the action necessary to pass a bill over 
the governor's veto. 

Mention three cases in which the legislature may not 
pass private or local laws. 

How are private claims against the State allowed ? 



I64 GOVERNMENT OF NEW YORK. 

What IS meant by impeachment ? For what purposes are 
impeachment proceedings brought ? What body conducts 
such proceedings ? What persons constitute the court for 
the trial of impeachments? 

What power has the senate to reject nominations made to 
office by the governor ? 



CHAPTER XV. 
The State's Executive Department. 

Among the early Germans every tribe or nation had 
its head man. He led its army in battle and presided over 
its assembly in time of peace. When Angle, Saxon, Jute, 
and Dane crossed the North Sea and made their homes in 
Britain, the head man of the tribe became the petty king in 
the little English kingdom, which afterwards became the 
"shire." These little kingdoms, as we have seen, finally 
united in the greater kingdom of England, and one king 
ruled over the English people. The king, through his sub- 
ordinates, enforced the laws of the land ; and no general 
law could be made without his consent. The king had 
power to pardon criminals condemned for violating the law. 
He called the lawmakers together in parliament, and dis- 
missed them, much as he pleased. He appointed the chief 
judges and other officers of the realm. 

The governor of the modern American State has in- 
herited many of these attributes of kingship. He is the 
head of the State's executive department, and responsible 
for the enforcement of State law. He is commander in 
chief of the State's military forces. He has a veto power in 
its legislative department. He has the royal power of 
pardoning criminals condemned by its courts. He takes 
the initiative in the appointment of many high State offi- 
cers. Vetf though he seems to be a great and glittering 
figure, the governor, like members of the legislature, can do 

165 



i66 GOVERNMENT OF NEW YORK. 

only those things permitted by the constitution. The gov* 
ernor's right to rule comes from the people, and under the 
law he is the people's chief servant. 

New York's Early Governors. — The first governors of 
territory included in what is now New York, were, as we 
have seen, appointed by the Dutch West India Company, 
and they represented the interests of this money-making 
corporation, rather than the interests of the people over 
whom they ruled. Under the English, the early governors 
represented at first the Duke of York, and afterwards the 
king of England. Like the Dutch governors, they cared 
little for the rights of the people. After the Declaration of 
Independence, when New York became one of the United 
States, the freeholders or landowners elected the governor. 
But their experiences under colonial governors made them 
suspicious of their elective governor, and they gave him at 
first no veto power in the legislature. Neither was he al- 
lowed to appoint any subordinate State officers, except as a 
member of a council of appointment, in which the governor 
had one vote out of five. When the State constitution was 
revised in 1821, the people gave the governor the veto 
power, and the further power to appoint, by and with the 
advice and consent of the State senate, all judges except 
justices of the peace. Since then the office of judge has 
been made elective ; and the powers of the governor have 
been enlarged with almost every subsequent revision of the 
State constitution. 

Powers and Duties of the Governor. — The governor of 
New York is now elected by a plurality of the citizens vot- 
ing at the general State election held in even-numbered 
years. He holds office for two years, and receives an 
annual salary of ;g 10,000. He has power to call together 



THE STATE'S EXECUTIVE DEPARTMENT. 167 

the State legislature (or the senate alone) in extraordinary 
session, with the right to deal only with matters he submits 
to it; and one of his duties is to send a '^ message" to the 
legislature at every regular session of that body, describing 
the condition of the public business, and recommending the 
passing of such new laws as he may think wise. The gov- 
ernor may reprieve, pardon, or commute the sentence of 
any criminal convicted in the courts of the State. ^ The gov- 
ernor is said to reprieve a criminal when he postpones the 
date of the execution of the sentence against him. He 
pardons the criminal when he forgives the offense and sets 
the offender free. He commutes the sentence when he 
makes the punishment lighter than the punishment fixed by 
the court. The only exceptions to this pardoning power of 
the governor, are in the case of a person convicted of treason, 
and in the case of a public officer who has been impeached. 
In the former case the governor may suspend the execution 
of sentence till the next meeting of the legislature, and 
leave the final decision of the matter to that body.^ The 
governor has power to suspend the State treasurer during a 
recess of the legislature, and to appoint a temporary treasurer 
in his place. Thus the governor can protect the moneys 
of the State from a dishonest or incompetent treasurer. 

The Lieutenant Governor. — The heutenant governor is 
elected at the same time as the governor, in the same man- 

1 In some other States this power is given instead to a board of pardons, 
of which the governor is only one member. 

2 Ordinary crimes, such as murder, burglary, arson, etc., are committed 
directly against the individual and only indirectly against the State; while 
treason, on the other hand, is committed directly against the State, and is re- 
garded as being most heinous because it aims to take the life of the State. 
Treason in New York consists in making war against the people of the State, 
9r during war adhering to or aiding the enemies of the State. 



1 68 GOVERNMENT OF NEW YORK. 

ner, and for the same term of office. His salary is ;^5,000 
annually. He takes the place of the governor, should the 
latter die, resign, be impeached, or otherwise become unable 
to perform the duties of his office. The lieutenant governor 
presides over the State senate, and he has a vote in that 
body in case of a tie. He is also, by reason of his office, a 
member of various boards of State officials. Both the gov- 
ernor and Heutenant governor must be citizens of the 
United States, must be at least thirty years old, and must 
have lived in the State for at least five years preceding their 
election. Like the members of the legislature, they may 
hold but one public office at a time. If both governor and 
Heutenant governor become at the same time incapable of 
performing their official duties, a president of the senate 
elected by that body, acts as governor ; and should the lat- 
ter become disqualified, the speaker of the assembly be«. 
comes the acting governor. 

Other State Officers Elected by the Voters.— At the 
same time as the election of the governor and lieutenant 
governor, the voters of the State elect for terms of two years, 
the following officers of the State executive department : 
Secretary of State, Comptroller, Treasurer, Attorney-Gen- 
eral, and State Engineer and Surveyor. These officers re- 
ceive annual salaries varying from $6,ooo to $10,000 each 
(see table, page 366). For misconduct in office, the senate 
may depose any of these officers, upon the governor's rec- 
ommendation, by a two-thirds vote of all the senators. 

The Secretary of State. — The secretary of state is the 
chief clerk of the State executive department. He has 
charge of public records and documents belonging to the 
State, and he supervises the printing of the laws passed by 
the legislature. He keeps the great seal of the State, and 



THE STATE'S EXECUTIVE DEPARTMENT. 169 

the original copies of deeds of lands belonging to the State. 
In general, the secretary of state maybe said to perform for 
the State such duties as are performed by the county clerk 
for the county, and by the town clerk for the town. His 
office is not to be compared in dignity and importance with 
that of the United States officer known as the secretary of 
state. The latter is a member of the President's cabinet, 
and the chief officer in arranging our relations with foreign 
nations. 

The Comptroller. — The comptroller manages the finan- 
cial affairs of the State government, under the direction of 
the legislature and governor. He reports to the legislature 
the State's annual revenue and expenses, superintends the 
collection of State taxes, examines and audits claims and 
other accounts due to or from the State ; and arranges for 
securing any temporary loans needed for carrying on the 
different departments of State government. No public 
money of the State may be paid out except upon the order 
or warrant of the comptroller directed to the State treasurer. 

The State Treasurer. — The State treasurer receives from 
the comptroller moneys collected from State taxes and from 
other sources, and pays out the money as ordered by the 
comptroller. His duties are similar to the duties performed 
by a county, town, or city treasurer. 

The Attorney-General. — The attorney-general is the law 
officer of the State government, and the State's chief public 
prosecutor. His duties to the State may be compared with 
the duties of district attorneys in the s.everal counties. The 
attorney-general conducts for the State all important suits 
or legal proceedings in which it is an interested party, and 
he prosecutes criminals before the supreme court, when 
requested to do so by the governor or by the judges of this 



170 GOVERNMENT OF NEW YORK. 

court. The attorney-general is also the legal adviser of the 
State legislature and other State officers. 

The State Engineer and Surveyor. — The State engineer 
and surveyor has charge of the surveying and mapping of the 
public lands of the State. He also superintends the engi- 
neering department of the State canals. He must be a prac- 
tical civil engineer. 

State Executive Officers Appointed. — The governor, *'by 
and v^ith the advice and consent of the senate/' appoints a 
large number of officers in the difTerent branches of the 
State executive department ; these officers usually serve 
for fixed terms, but they may be removed by the senate on 
the recommendation of the governor. Among the more 
important of these officers are the following : superintend- 
ent of public works, superintendent of banks, superintend- 
ent of insurance, superintendent of State prisons, three 
tax commissioners, commissioner of excise, commissioner 
of highways, ten public service commissioners, three 
civil service commissioners. State architect, five industrial 
commissioners, conservation commissioner, State com- 
missioner of health, twelve members of the State board 
of charities, three State hospital commissioners, superin- 
tendent of State police, adjutant general, and a health 
officer of the port of New York. The governor's nomina- 
tions to office are almost always confirmed by the senate, 
but its power to reject such a nomination is an important 
one, and may be effectively used to prevent a bad man 
from taking office. 

The governor has power to appoint some officers without 
the confirmation of the senate; and to fill vacancies in some 
important county. State, and judicial offices. 

Executive Officers Elected by the Legislature. — The 



THE STATE'S EXECUTIVE DEPARTMENT 171 

members of the two houses of the legislature — senate and 
assembly — sitting in joint session, elect members of the 
Council of Farms and Markets (p. 174); and also the Re- 
gents of the University of the State of New York, who in 
turn choose a State commissioner of education (p. 211). 
The commissioner of education and the regents have gen- 
eral supervision of education as described in Chapter XVIII. 

The State Militia. — An important branch of the State 
executive department is the State militia. The militia 
consists of ^'all able-bodied male citizens between the ages 
of eighteen and forty-five who are residents of the State," 
except a few already considered to be acting in the public 
service, such as legislative and executive officers, judges, 
teachers, ministers, physicians, etc. Everj/^ member of the 
militia is a possible soldier, and the State legislature is re- 
quired by the constitution to maintain at all times a force of 
"not less than ten thousand enlisted men, fully uniformed, 
armed, equipped, disciplined and ready for active service." 
This requirement is met by the voluntary enlistment of 
young men in regiments known as the National Guard. 
The members of the national guard choose their own minor 
officers, and the State furnishes the men with arms and 
armories. The militia, including the national guard, is un- 
der the command of the governor, who appoints the staff 
officers, and, with the consent of the senate, the major gen- 
eral. The governor may call out the militia to suppress dis- 
order or enforce the laws of the State. In time of emergency 
the national guard may be drafted into the federal service.^ 

The State's Civil Service. — Outside of the possible mili- 

1 When it was so drafted in 191 7, a new State guard was organized to 
take its place. In the same year a census was taken to record the military 
resources and the persons of military age. 



i>^ GOVERNMENT OF NEW YORK. 

tary service required of every citizen of the State, there are 
many persons employed in what is called the civil service 
of the State. This includes all public offices of the State not 
classified as naval or military. Officers in the State's civil 
service are either elected by the people or appointed by 
other officers. These appointed officers constitute by far 
the larger number of officeholders, and consist chiefly of 
persons occupying comparatively inferior positions, such as 
clerks in the legislative, executive and judiciary departments 
of the State and the various local governments. Up to 
within a few years ago this army of petty officeholders held 
their positions, not so much because of their pecuHar fitness 
for holding office, as a reward for services rendered to some 
politician or political party. In this way, many unfit per- 
sons came into the public service and many abuses arose. 
In consequence, it became necessary to enact both national 
and State laws, regulating appointments to the civil service.^ 

1 See " The President and the Civil Service," Chapter XXIII. The words 
" civil service " have been applied almost exclusively in practice to appointive 
officers in the executive department. In the earlier years of the national gov- 
ernment these appointees held their positions, as a rule, during good behavior, 
Jefferson introduced the practice of appointing and removing such officers for 
political party reasons. Jackson greatly extended this practice, vt^hich be- 
came known as the " spoils system," and subsequent presidents continued the 
practice. To reduce the evils of the " spoils system," Congress in 1883 passed 
a law creating a national Civil Service Commission of three persons, not more 
chan two from one pohtical party, to devise a system of appointment and pro- 
motion in the civil service free from the influence of party politics. This was 
the beginning of the present system of competitive examinations. Professional 
politicians, as a rule, oppose this civil service reform, for the reason that they 
desire appointments to be made as a reward for party loyalty. These poli- 
ticians are supported by a small army of partisans who aid in the manipulation 
of party caucuses and conventions in the hope of making personal gain out 
of office-holding. The opposition of the professional politicians tends at 
times to render difficult the enforcement of the civil service laws. 



THE STATE'S EXECUTIVE DEPARTMENT. 173 

Appointive officers are, under the State civil service law, 
divided into a '' classified " and an ** unclassified " list. Most 
of the more prominent appointive offices are in the unclassi- 
fied list, while the classified list is made up of minor offices. 
An applicant for a position in the classified list must pass 
an examination to determine his fitness for the position, and 
once appointed he cannot usually be removed from office 
except for good cause. Appointments in the State or local 
municipal civil service are made under supervision of, and 
in accordance with rules laid down by, the State civil service 
commissioners, who have their headquarters at Albany. 
Different cities have local boards of civil service commis- 
sioners, each acting under the direction of the State com- 
missioners. 

Some State Executive Officers, their Powers and 
Duties.^ — The State Superintendent of Public Works has 
general charge of the construction and repair of the State 
canals, and he sees to the execution of the laws relating to 
navigation upon them. 

The State Superintendent of Insurance has general super- 
vision of insurance companies doing business in the State, 
and these companies are required to report to him at least 
once a year on their financial condition, for the protection 
of persons doing business with them. 

The State Superintendent of Banks performs similar duties 
with reference to banks and trust companies doing business 
in the State. These institutions report to the superintendent 
of banks, and such reports, including the reports from in- 
surance companies, are laid before the State legislature. - 

The Superintendent of State Prisons has the supervision, 

^ For a table of public officers, their salaries and terms of office, see Ap- 
pendix. 



174 GOVERNMENT OF NEW YORK, 

management, and control of the State prisons in New York 
where persons convicted of grave crimes are confined. He 
appoints agents, wardens, physicians and chaplains in these 
prisons, while the State comptroller appoints clerks employed 
in them. Persons convicted of lesser offenses, as we have 
already learned, are confined in the county jails, which are 
under the supervision of the sheriffs of the several counties. 

The Tax Commissioners visit the different counties of the 
State to determine the value of the taxable property in each 
county. The amount of property upon which the people 
of each county must pay State taxes, is finally determined 
by the State board of equalization. The duties of these 
officers are more fully explained in Chapter XIX. 

The Commissioner of Highways has supervision of all 
highways and bridges constructed or maintained in whole 
or in part with State moneys. He prescribes, rules for 
the various highway officers and aids them in their duties. 

Two Public Service Commissions^ of five members each, 
one for New York City and the other for the rest of the 
State, supervise railroads, street railroads, express, tele- 
phone, telegraph, gas and electrical companies. The com- 
missioners regulate charges, investigate the causes of 
accidents, and look generally after the comfort and safety 
of the traveling public. The commissioners may also 
decide upon the necessity of a proposed new railroad and 
give permission for it to be built. They report annually 
to the State legislature. 

The Council of Farms and Markets (ten members elected 
by the legislature) appoints a commissioner of agriculture, 
a commissioner of foods and markets, and other officials ; 
their duty is to supervise the production and marketing of 
food, to disseminate information, to prevent the spread of 



THE STATE'S EXECUTIVE DEPARTMENT 175 

infectious diseases among farm animals, fruit trees and 
bees, and also to prevent the adulteration of food products. 

The Industrial Commissioners^ at the head of the depart- 
ment of labor, are concerned with the general welfare of 
laborers. They conduct a bureau of inspection, a bureau of 
mediation and arbitration, a bureau of workmen's compen- 
sation, a bureau of statistics and information, a bureau of 
employment, and a bureau of industries and immigration. 

The Conservation Commissioner has charge of fish hatch- 
eries for stocking the streams and lakes of the State, and 
generally enforces the laws protecting fish and other game. 
He also supervises the wild forest land owned by the State, 
and makes plans for the improvement of rivers. 

The State Board of Charities visits the reformatory and 
charitable institutions of the State, and the county and city 
poorhouses, where paupers are cared for at public expense, 
and reports on these institutions to the State legislature. 

The State Commissioner of Healthy the quarantine com- 
missioners, and the health officer of the port of New York 
act to prevent the introduction and spread of disease. 

The Commissioner of Excise supervises the execution of 
the liquor tax law. 

The Superintendent of State Police has under his super- 
vision a body of more than two hundred men whose duty 
it is to prevent and detect crime. 

Executive Power Divided. — Since the governor ap- 
points many executive or administrative officials, and under 
certain conditions can remove them, he has great influence 
over the conduct of their offices. As we have seen, how- 
ever, the important offices of secretary of state, comptroller, 
treasurer, attorney-general and state engineer and surveyor, 
are filled by popular election ; after a close election some 



176 GOVERNMENT OF NEW YORK, 

of them will be of a different political party from that of 
the governor. These important officers do not form a 
cabinet for the chief executive as do the corresponding 
officers in the United States government. The executive 
power of the State is *'in commission," parceled out among 
officers independent of one another. Each is accountable 
directly to the people, but the arrangement has the dis- 
advantage that the administration of the State government 
may sometimes lack harmony and effectiveness. 

SUMMARY. 

The governor is the head of the State executive depart- 
ment, and the commander in chief of the State's military 
forces. He has a veto power in the legislative department. 

The governor is elected for a term of two years by a plu- 
rality of the votes cast for this office at a State election. 

The lieutenant governor takes the place of the governor 
on the death or disability of the latter. He is the presid- 
ing officer in the State senate, and he has a casting vote in 
that body in case of a tie. 

Other executive officers who are elected by the voters of 
the State are: secretary of state, comptroller, treasurer, 
attorney-general, and State engineer and surveyor. 

The governor, by and with the advice and consent of the 
senate, appoints such State executive officers as State super- 
intendent of public works, superintendent of banks, public 
service commissioners, etc. 

The legislature, in joint session, elects regents of the 
University of the State of New York. 

The State militia, including the national guard, is an 
important feature of the State's executive department, 
under the control of the governor. 



THE STATE'S EXECUTIVE DEPARTMENT. 177 

SUGGESTIVE QUESTIONS. 

When and by whom is the governor of New York 
elected ? 

What is meant by the governor's *' message " ? 

What powers has the governor in the case of a criminal 
convicted by the State courts ? 

In what cases is the governor unable to exercise his 
pardoning power? 

Define treason against the State. 

What oflficers of the executive department, besides gov- 
ernor and lieutenant governor, are elected by the voters of 
the entire State ? 

In what important particular does the office of secretary 
of state in New York, differ from the national office of 
secretary of state ? 

How do the duties of the comptroller differ from those 
of the State treasurer ? 

With the duties of what county officer may we compare 
those of the attorney-general ? 

Name six important State executive officers appointed by 
the governor, with the advice and consent of the senate. 
What officers are elected by the legislature ? 

What is meant by the State militia ? How does it differ 
from the regular army ? 

What is meant by the State's civil service ? Describe the 
duties of the State civil service commissioners. For what 
purpose have civil service examinations been instituted ? 

Describe the duties of State superintendent of public 
works, State superintendent of insurance, State superin- 
tendent of banks, the public service commissions. 



CHAPTER XVI. 

The Judiciary Department — How Criminals are 
Brought to Justice. 

A PEACEABLE man walking along the street, is attacked 
by a highwayman, knocked down, and robbed of his purse. 
The robber hurries away, and the injured man crawls to the 
nearest house or to the police station, and tells the story of 
the crime. What is the duty of the State in such a case ? 
First, it is the duty of the peace officers of the vicinity, — 
sheriff, constables, or policemen — to search for the robber, 
and if they find him, to take him before the courts for the 
trial of his offense. 

Arrest by " Hue and Cry." — But the robber may even 
now be running from a pursuing policeman, who saw from 
a distance, his attack on the citizen. As the policeman 
hurries after the robber, he shouts to the people in front of 
him to stop the fleeing criminal. The law gives the police- 
man the right to demand this help, and all persons called 
upon are bound to give it. With shouts of '< Stop thief!" 
the people take up the pursuit, and the robber is cornered 
and captured. Such pursuit and capture is called arresting 
a criminal by ** hue and cry." It comes down to us from 
an old English custom, under which the people turned out 
with shouts and blowing horns to capture an escaping 
criminal. 

Arrest by Warrant. — But suppose the robber escapes 
the arrest by '' hue and cry ". What is to be done ? The 
178 



HO^ CRIMINALS ARE BROUGHT TO JUSTICE. 179 

injured man, or some person knowing the facts, then goes 
before a magistrate, such as the judge of a court, or a 
mayor, tells him that a crime has been committed, and de- 
scribes as best he can the criminal. The magistrate, if he 
believes that a crime has been committed, issues, in the 
name of and by the authority of the people of the State, a 
paper called a warrant. The warrant is directed to a peace 
officer — sheriff, constable or policeman. It describes the 
criminal and directs the peace officer to arrest him and 
bring him before the magistrate. The robber may be dis- 
covered hiding in a building, by the officer having the war- 
rant. Still having the power to summon the people to his 
aid, the officer forces his way into the building, breaking 
down the door if necessary. He may shoot the robber and 
cripple him, if necessary, in order to make him submit. 
The law gives the officer power even to take the life of the 
criminal, rather than that he should escape, but the officer 
must use no unnecessary force. 

Rights of Accused Persons. — When the prisoner is 
brought before the magistrate, he must be told of the 
charges against him, and the facts tending to prove their 
truth. Every accused person is presumed by the law to be 
innocent until he is proven guilty, and the prisoner is not 
obliged to answer any questions that will tend to prove his 
guilt. Such is the rule inherited from the common law of 
England. The prisoner may be immediately examined by 
the magistrate, or the magistrate may, at the request of the 
prisoner, commit him to jail to await a future examination 
into his offense. The magistrate may also commit the 
prisoner when he finds himself unable to examine at once 
into the facts. 

The Right of Bail. — Instead of sending the prisoner to 



|8o GOVERNMENT OF NEW YORK. 

jail, the magistrate may, in certain cases described by law^ 
give the prisoner into the keeping of his friends, on con- 
dition that they give a sufficient pledge of money or 
property for the prisoner's appearance in court at a future 
time to answer the charges against him. Such action on 
the part of a prisoner and his friends is called " giving 
bail " ; but a person accused of a capital offense,^ such as 
murder, which is punishable by death, is not allowed to 
give bail. Should an accused person who has given bail, 
fail to appear in court at the time set for him to answer the 
charges against him, the property pledged for his appear- 
ance is forfeited to the State. But the forfeiture of the 
money does not protect the criminal. He may be again 
arrested, and in such case the magistrate would be justified 
in refusing to allow him to give bail a second time. 

Inquiring into the Charge Against the Prisoner. — 
If the offense charged against the prisoner be a minor one, 
or one which the magistrate before whom the prisoner is 
brought may finally try and determine, the formal trial of 
the prisoner may proceed without postponement or bail. 
If, however, the offense charged be an infamous crime, or 
one punishable by death,^ it must be formally inquired into 
by a grand jury of the county where the crime was com- 
mitted. 

'Capital, from the Latin "caput," meaning "the head.*' Literally a 
capital offense is one for which the punishment is loss of the head. 

2 Article I., Section 6, of the New York State constitution says : "No per- 
son shall be held to answer for a capital or otherwise infamous crime (except 
m cases of impeachment, and in cases of militia when in actual service, and 
the land and naval forces in time of war, or which this State may keep 
with the consent of Congress in time of peace, and in cases of petit larceny, 
under the regulation of the legislature) unless on presentment or indictment 
of a grand jury." 



HOW CRIMINALS ARE BROUGHT TO JUSTICE, i8i 

The Grand Jury. — The grand jury is a body of men 
selected from among the taxpayers of the county, to in- 
quire into crimes supposed to have been committed therein. 
The supervisors of the several towns of the county make 
up a list of 300 men *' of approved integrity, fair character 
and sound judgment," each supervisor furnishing names 
in proportion to the population of his town. The names 
are then written, each on a separate slip of paper, and put 
into what is called the grand jury box. When a court for 
the trial of criminals is to be held, the county clerk in the 
presence of the sheriff and county judge, draws at random 
from the grand jury box the names of twenty-four persons.^ 
These persons constitute the grand jury to inquire into 
crimes at a particular term of court. Not more than 
twenty-three nor less than sixteen grand jurymen are allowed 
to sit in any particular case, and it takes the votes of twelve 
to hold an accused person for trial. 

The Indictment. — The grand jury when inquiring into 
the facts of an alleged offense, sits in secret session. Before 
them may come the district attorney, who is the public 
prosecutor of criminals in the county. He presents to the 
jury a written accusation, called a bill of indictment, con- 
taining the charges against the person whose alleged offense 
the jury is investigating, and brings witnesses and evidence 

^ Thirty-six in New York county. In all counties of the State having a 
population of 500,000 or more, the duty of making up the jury lists is in the 
hands of officers appointed by the courts and known as commissioner of 
jurors and special commissioner of jurors. Chapter 369 of the Laws of 
1895 also creates the office of commissioner of jurors in each county having a 
population of 300,000 or more, except New York and Kings which already 
had such officers; while by chapter 194 of the laws of 1897 the office of 
commissioner of jurors is created in each county having a population between 
150,000 and 190,000, except the county of Albany. 



1 82 GOVERNMENT OF NEW YORK. 

in support of the charges. If twelve of the grand jury, 
after hearing the evidence against the accused person, be- 
Heve it to be such as, if uncontradicted, would warrant a 
trial jury in convicting him, the foreman of the grand jury 
writes across the back of the indictment the words " A 
true bill," and returns the indictment to the court. The 
accused person must now be tried on the charges made in 
the indictment. If the grand jury does not think the evi- 
dence sufficient to hold him for trial, the indictment is 
returned to the court endorsed with the words, '< Not a true 
bill.*' The accused person is then allowed to go free, or he 
may be held to await a new indictment. 

Origin of the Grand Jury and Its Presentment. — This 
custom of formal presentation of a bill of indictment against 
an accused person through a grand jury, may be traced to 
a period not very much later than the conquest of England 
by William of Normandy.^ Almost immediately after the 

>"The primitive Teutonic suit was a simple demand made by the actor on 
the defendant for compensation. . . , The demand and denial which 
made up the issue were unattended by any allegations of fact in support of 
either. The vitally important point in the procedure . . . was the ques- 
tion of proof. . . . Proof, as understood by the Teutonic barbarian, was 
not a judicial means of bringing conviction to the mind of the court ; it was 
simply a satisfaction due and given by the party to his adversary in the form 
prescribed by custom. . . , Three independent means of proof were 
allowable — oath, ordeal and documents. The oath could be accompanied or 
supported by the oaths of compurgators or oath-helpers, or by the oaths of 
witnesses. After the party making the proof had sworn to his demand, his 
oath-helpers swore to their belief, not in their chief's assertion, but in his 
credibility.'* . . . But " the conclusion is now firmly established that 
out of the inquest of proof, which was chiefly employed in judicial matters 
in suits relating to rights in land, was developed by the lawyers of the 
Plantagenet period the jury of judgment, the trial jury of modern times.**.^ — 
Hannis Taylor, Origin and Growth of the English Constitution^ Book I., 
Chapter V. 



HO IV CRIMINALS ARE BROUGHT TO JUSTICE. 183 

conquest, in connection with juries of inquest, previously 
described,^ we find accusatory juries presenting offenses 
committed within their district or hundred to the king, or 
to his commissioned justices, who afterwards tried the per- 
sons thus accused, convicting or discharging them accord- 
ing as the evidence showed their guilt or innocence. From 
these ancient accusatory juries, is probably also derived our 
modern proceeding known as presentment by grand jury.^ 
In this proceeding the grand jury does not wait for a formal 
presentation to it of a bill of indictment against an accused 
person, but the jury itself takes the initiative against the 
offender, by sending to the court a written accusation known 
as the presentment. The presentment is employed in cases 
of public nuisance or wide-spreading evils. On receiving 
the presentment of a grand jury, the judge usually orders 
an indictment to be framed, and issues a warrant for the 
arrest of the alleged offenders. 

Appearance of Prisoner for Trial. — The grand jury, hav- 
ing returned to the court the indictment, endorsed with the 

» See Chapter XI., " Personal Rights." 

3 Professor Stubbs in his Co7tstitutional History of England^ Volume I., 
Chapter XIII., Section 164, says that compurgators have nothing in common 
with the jury but the fact that they swear. Yet this is a step in the history 
of the jury. The first form in which the jury appears is that of witnesses. 
The whole system of recognition by sworn inquest was introduced into Eng- 
land by the Normans. Under this system the sworn recognitors were rather 
witnesses than judges ; they swore to facts within their own knowledge ; the 
magistrate to whom the inquest was entrusted was the inquirer, and he in- 
quired through the oath of men sworn to speak the truth, and selected in 
consequence of their character and local knowledge. Such was the instru- 
ment introduced in its rough simplicity at the conquest, and developed by 
the lawyers of the Plantagenet period into the modern trial jury. Henry II. 
expanded and consolidated the system. It became under his hand a part of 
the settled law of the land, a resource open to every suitor. 



1 84 GOVERNMENT OF NEW YORK. 

words "A true bill," the person accused in the indictment 
must now appear in open court for formal trial of the offense 
charged against him. When charged with a felony, that is, 
with a crime punishable by confinement in a State's prison, 
the prisoner must be personally present in court ; when tried 
for a lesser offense, or a misdemeanor,^ he need not be pres- 
ent himself but may be represented in court by his lawyers. 
The complaint against the prisoner is made out in the name 
of " The People of the State of New York " ; and the peo- 
ple, as complainant, are represented in court by the district 
attorney. 

The Arraignment and Plea.— The prisoner is now ar- 
raigned in open court before the judge. The indictment is 
read to him and he is required to answer to its charges. 
The prisoner may plead that he has been at some former 
trial in a court of law, already convicted or acquitted of the 
particular charge in the indictment ; and if this is found to 
be true, the rule of the constitution that no man shall be 
" twice put in jeopardy for the same offense " applies, and 
the prisoner must go free. If the prisoner plead ** Guilty" 
to the charge in the indictment, the judge sentences him to 
the punishment fixed by State law for his crime. If, how- 
ever, he plead " Not guilty " to the charge, a question of 
fact arises, and the prisoner has a right to demand that it 
be tried by a trial jury. 

Trial by Jury.^ — A trial jury is a body of twelve 

' All crimes which are neither treason, directed against the life of the 
State, nor felony, are misdemeanors. Crimes may be classified as felonies 
or misdemeanors by the State legislature. 

«The jury of presentment, is also according to Stubbs, a creation of Henry 
II. It was brought into close connection with the system of compurgation, 
the jurors who presented the list of criminals representing the compurgators 
of the accuser. " As a matter of history it seems lawlul to regard the pre- 



ffOlV CRIMINALS ARE BROUGHT TO JUSTICE. 185 

men ^ selected from among the people of the county, where the 
crime is committed or triable, and sworn to decide accord- 
ing to the evidence, the issue of fact (in libel cases the issue 
of law also) that has arisen between the people and the ac- 
cused. Trial jurors are selected from lists of property own- 
ers furnished by the supervisors, town clerks and assessors. 
They must be between the ages of twenty-one and seventy, 
must be citizens of the United States and residents of the 
county in which they are drawn to serve as jurymen. As 
in the case of the selection of grand jurymen, the county 
clerk ^ draws the names of thirty-six men to serve as trial 
jurors at a particular term of court ; and twelve are chosen 
as a trial jury in a particular case. Before this jury the 
district attorney presents the people's case against the pen 
son accused. The prisoner defends himself through his 
lawyer, who is an ofificer of the court, producing the evi- 
dence of witnesses, if he has any, in support of his defense. 

sentment as a part of the duty of the local courts for which an immemorial 
antiquity may be claimed, with at least a strong probability." The same 
author also says that at an early period, before the abolition of the trial by 
ordeal, by the Lateran Council of 121 5, a petit jury was allowed to disprove 
the truth of the presentment, and after the abolition of the ordeal that ex- 
pedient came into general use. The further change in the character of the 
jury, by which they became judges of fact instead of witnesses, is common to 
the civil and criminal jury alike. " As it became difficult to find jurors per- 
sonally well informed as to the point at issue, the jurors summoned were 
allowed at first to add to their number persons who possessed the requisite 
knowledge, under the title of Afforcement. After this proceeding had been 
some time in use the aflforcing jurors were separated from the uninformed 
jurors, and relieved them altogether from their character of witnesses. The 
verdict of the jury no longer represented their previous knowledge of the 
case, but the result of the evidence afforded by witnesses of the fact ; and 
they became accordingly judges of the fact, the law being declared by the 
presiding officer acting in the king*s name." 

J Six in courts of a justice of the peace. * See note page 181. 



i86 GOVERNMENT OF NEW YORK. 

Poor prisoners unable to hire a lawyer are assigned one by 
the court to help in their defense ; and when it can be 
shown that there is a probability of the people of a county 
being so prejudiced against the prisoner that a jury of the 
county cannot render a fair and impartial decision, a trial 
jury may be selected from an adjoining county ; or the trial 
itself may be removed to another county. Such removal is 
called " a change of venue." ^ 

The Judge's " Charge." — The judge rules upon questions 
of law as they arise in the trial of the prisoner ; and at the 
close of the trial ** charges" the jury, explaining the law 
governing the matter and reviewing any evidence which he 
thinks necessary to a clear understanding of the subject. 

The Verdict. — The jury then retires behind closed doors, 
and deliberates in secret upon the probable guilt or inno- 
cence of the prisoner. The agreement of the entire twelve 
jurymen is necessary to convict or acquit the prisoner. The 
jury must find the prisoner "Not guilty," if after hearing all 
the evidence its members have a reasonable doubt of his 
guilt. The formal decision of a trial jury, delivered in open 
court, for or against a prisoner, is called **The Verdict of 
the Jury." If a trial jury cannot agree upon a verdict of 
*' Guilty " or " Not guilty," the accused person must have 
another trial before a new jury, till he is either convicted or 
acquitted. 

The Sentence. — After a verdict of " Guilty '* the judge 
pronounces upon the prisoner, the sentence fixed by State 
law as a punishment for his offense. The judge is usually 
allowed to use his judgment as to whether the prisoner shall 
bp made to suffer a maximum or a minimum penalty. Old 

> Venue k from the Latin " vicinia," or the Norman French, " visne," 
meaning neighborhood. 



HO IV CRIMINALS ARE BROUGHT TO JUSTICE. 187^ 

and hardened offenders are usually given the maximum 
penalty allowed by the law, while young criminals, whose 
offenses are accompanied by mitigating circumstances, are 
given a penalty less than the maximum. In some cases the 
judge suspends the enforcement of the sentence during the 
good behavior of the person convicted. If the verdict of the 
jury be " Not guilty," the judge discharges the prisoner, and 
he cannot be tried again for the offense. 

Appeals. — A prisoner may appeal from a jury's verdict 
of " Guilty " to a higher court, and ask for a new trial of his 
case, on the ground of error committed in the first trial, or 
of a verdict not in accordance with the law or the evidence. 
The higher court appealed to, after reviewing the proceed- 
ings in the lower court, will, if it thinks no error has been 
committed, dismiss the appeal, in which case the prisoner 
must suffer the penalty imposed by the judge's sentence in 
the lower court. But if the higher court finds the error 
complained of it will order a new trial of the prisoner before 
the lower court. 

These proceedings in the trial of criminals have most of 
them come down to us, either directly or in a modified 
form, from the customs of the early English law. Taken 
together, they constitute the " due process of law " of our 
State constitution, without which no person may be de- 
prived of his life, liberty, or property. They also show the 
exceeding care with which the descendants of our free 
Teutonic ancestors guard the sacred personal liberty of even 
the worst of criminals, that no wrong may be done to any 
person. Here we see what is meant by the famous clause 
of Magna Charta, repeated in so many charters and constitu- 
tions of the English-speaking people, that "No freeman 
shall be taken, or imprisoned, or outlawed, or brought to 



iSS GOVERNMENT OF NEW YORK, 

ruin, unless by the lawful judgment of his peers, or by the 
law of the land." 

Duty of Citizens. — Jurors receive pay by, the day, or 
sometimes a certain sum for each case on which they 
serve. The pay is not large, and for many men the call 
to jury service means inconvenience and financial loss. 
Nevertheless it is their duty to serve, for the good of the 
State, which keeps its courts open to all. Judges have 
discretion to excuse men in cases of special hardship. 
Certain classes of men, also, are by law entirely exempt 
from jury duty: namely, clergymen, certain State officers 
and employees, physicians, druggists, lawyers, college and 
academy teachers, editors and reporters of daily papers, 
certain employees on railroads and steamboats, members 
of fire companies or of the National Guard, or men who 
have served therein for five years, and some others. 

Perjury. — Jurors must make solemn oath or affirma- 
tion that they will perform their duty truly and faithfully. 
Witnesses are required to swear (or affirm) that they will 
tell the truth, and similar formalities are observed in sign- 
ing various legal documents. The violation of such an 
oath or affirmation is perjury, and is punished as a crime. 

SUMMARY. 

Offenders against the law are arrested by the officers of 
the executive department, and are tried before the courts 
of the judiciary department. 

A person accused of crime is held to be innocent until 
proven to be guilty. He has the right, in many instances, 
when arrested, to **give bail'' for his future appearance in 
court to answer the charges against him. 



HOW CRIMINALS ARE BROUGHT TO JUSTICE. 189 

Charges of infamous crime against a person must be pre- 
sented in the form of an indictment by a district attorney 
to a grand jury of the county where the offense is triable. 

SUGGESTIVE QUESTIONS. 

Describe two ways in which a' criminal may be arrested. 

What is a warrant of arrest ? By whom is it issued } 
What facts must it contain ? To whom is it directed } 

Describe the right of bail. For what offenses are prison- 
ers not allowed to give bail } 

What is a grand jury.? How is it selected.? Describe 
its duties. 

State the difference between a bill of indictment and a 
presentment. 

What is meant by the ** prisoner's plea " } 

Describe the trial jury. Tell how it is selected. De- 
scribe its duties in court, on the trial of a prisoner. 

Explain the meaning of *' judge's charge," ''verdict,'* 
"sentence,'* "appeal," as used in trials at law. When will 
a higher court order a new trial ? 

Why ought a man not to shirk jury duty ? 

What is perjury } 

ADDITIONAL READING. 

On the origin of the jury, see Green's Short History of the 
English People^ Chapter II., Section 8, "Trial by Jury,'' and the same 
work, Chapter IV., Section 4, "The English Towns." See also the 
works of Stubbs and Hannis Taylor on the constitutional history of 
England, under the index title "jury," 



CHAPTER XVn. 
The Judiciary Department — Civil Suits at LaT^. 

Two farmers, living side by side, have a dispute about the 
division Hne between their farms. Each claims to own the 
same piece of land; each believes himself right; neither 
will yield, and there is a long and bitter quarrel. Who is to 
decide the matter finally and put the rightful owner into 
possession of his property ? If the farmers can come to no 
agreement, they may take the matter into a court of law. 
Here each will present the facts supporting his own claim to 
the land, with the testimony of any witnesses in his favor, 
and leave the truth to be determined by process of law. 
Such a suit at law, involving the ownership of property, is 
called a civil suit, to distinguish it from a criminal suit, such 
as described in the last chapter. Much of the time of the 
judiciary officers of State and local governments is spent in 
hearing and determining the facts in civil suits at law. 

Proceedings in Civil Suits at Law. — The person who 
begins a civil suit at law is called the plaintiff. In a paper 
called the complaint, he presents to the court an outline of 
the facts in support of his claim, and prays that the judg- 
ment of the court may be given in his favor. The person 
opposed to the plaintiff in the suit is called the defendant. 
In a written answer the defendant opposes the claim of the 
plaintiff. Should the defendant fail to answer the complaint, 
and should he fail to appear in court, after he has been 
served with a legal paper called a summons, in which he is 
190 



CIVIL SUITS AT LAW. 191 

ordered to appear and answer, the plaintiff may prove the 
truth of his claim, by the testimony of himself and his wit- 
nesses ; after which the judge will order the sheriff or other 
executive officers to put him in possession of the rights 
vdiich were in dispute. If, however, the defendant answers 
the plaintiff's complaint, denying its statements, an issue of 
fact arises, the truth of which may be determined, as in a 
criminal suit, by a trial jury. The jury after hearing both 
sides, gives its verdict, and the judge orders the party found 
to be in the right, to be put in possession of the disputed 
property. 

The Courts as Interpreters of the Law. — Besides de- 
ciding questions in dispute between individuals, the courts 
are often called upon to decide on the meaning and ap- 
plication of various laws. A bill passes the legislature and 
is signed by the governor, in which different persons who 
are interested in the rights affected by it, read quite differ- 
ent meanings. One man understands the statute^ to mean 
one thing ; another quite a different thing. Who is to decide 
what it really does mean ? As in the case of the farmer's 
dispute over the land, the courts must decide ; and a de- 
cision is obtained by some one bringing a suit to determine 
his rights under the disputed law. 

Statutes May Be "Constitutional" or "Unconstitu- 
tional."— Suppose, for example, the State legislature passes 
a bill declaring the business of slaughtering animals within 
any city to be a nuisance, dangerous to the health of the 
people, and orders such slaughtering stopped. Butchers, 
who have built large and expensive slaughterhouses, sud- 
denly find themselves deprived of the lawful right to use 

J A bill after passing the legislature, and being signed by the governor, is 
called a statute. 



F92 GOVERNMENT OF NEW YORK. 

their property. If they obey the law they must sell or dis- 
pose of their buildings as best they can, and remove their 
business outside the city. But perhaps they pay no atten- 
tion to the prohibitory statute. In that case a suit may be 
brought against the butchers by the district attorney, chang- 
ing them with violating the law. The butchers may defend 
the suit, pleading that the statute prohibiting slaughtering is 
not in accordance with the fundamental law; that they are 
being deprived of their property withput the " due process 
of law " required by the constitution. An issue of law now 
arises between the people of the State and the butchers, 
which must be decided by the courts. If the highest court, 
having the right to try and determine the matter decides 
the statute to be in harmony with the constitution, the 
butchers must close up their slaughterhouses, or take them 
outside the city limits. But if the court decides the statute 
to be not in accord with the constitution, it is void, and no 
man is bound to obey it. 

Courts Enumerated — Courts of Justices of the Peace. — 
Let us briefly consider the different courts, established by 
the people of the State, to do the important work above de- 
scribed. 

The lowest courts — and those nearest to the people — are 
the courts presided over by justices of the peace. The peo- 
ple of each town elect four justices of the peace for terms of 
four years each. This is required by State law. A jus- 
tice of the peace holds two courts — a court for the trial of 
civil suits, called a Justice's Court ; and a court for the trial 
of petty criminals, called a Court of Special Sessions. As 
a general rule no civil suit may be tried in a justice's court, 
when the amount sued for exceeds ;?200. In courts of spe- 
cial sessions certain small offenses enumerated by State law 



CIVIL SUITS AT LAW, 193 

may be tried, but persons accused of crime before a justice 
of the peace, usually give bail to await the action of a grand 
jury in a higher court. Issues of fact in a court presided 
over by a justice of the peace, are determined by a justice's 
jury, composed of six citizens and freeholders of the town. 
The constable summons twelve men from the jury list of the 
town, to appear in court, and six of them are drawn to sit in 
a particular case. Justices of the peace are paid in " fees," 
fixed by State law, for services performed.^ 

County Courts. — The court next above those of a jus- 
tice of the peace is the county court, and an appeal from 
the decision of a justice of the peace may be heard before 
the county judge ; but the principal business of the county 
court is in trying cases too important to be heard in the 
lower courts. Each of the sixty-two counties, except New 
York county ,2 has a county court presided over by a county 
judge, elected for a term of six years by the voters of his 
county, and paid by the county. The county judges re- 
ceive different salaries, fixed by State law, in the different 
counties. All crimes except those punishable by death, 
and all civil suits in which the sum sued for does not ex- 
ceed $2,000, may be tried in a county court. Issues of 
fact in a county court are determined by a trial jury of 
twelve men selected as in the case of a criminal trial. 

1 In 191 5 the legislature provided that justices of the peace in towns of 
20,000 population or more might be paid an annual salary of not more than 
^^1,500 in lieu of fees in criminal cases. 

2 The Court of General Sessions in New York county and the City Court of 
New York take the place of a county court. The former has jurisdiction 
mainly in criminal cases, including crimes punishable by death, and the lat- 
ter in civil cases where the amount sued for does not exceed $2,000. King's 
county has five county judges and the jurisdiction of its county court extends 
to crimes punishable by death. 



194 



GOVERNMENT OF NEW YORK. 



The Supreme Court. — Next above the county court is 
the supreme court. This is in many respects the most im- 
portant court of the State. Before it may be tried all grave 
crimes against the laws of the State and all important civil 
suits. For convenience in administering justice through 
the supreme court, the State is divided into four judicial de- 
partments, and these in turn are divided into nine judicial 
districts. The first judicial department and the first judicial 
district are co-extensive, and embrace New York and Bronx 
counties. The second judicial department includes the sec- 
ond judicial district (embracing Kings, Queens, Richmond, 
Nassau, and Suffolk counties) and the ninth judicial dis- 
trict (embracing Rockland, Westchester, Putnam, Orange, 
and Dutchess counties). The third judicial department 
includes the third, fourth, and sixth judicial districts; and 
the fourth judicial department, the fifth, seventh, and eighth 
judicial districts.^ There are one hundred and seven su- 
preme court judges, elected by the voters of the nine 
judicial districts for terms of fourteen years each, as fol- 
lows : First district, thirty-two judges ; second district, 
twenty judges ; third district, seven judges ; fourth and 

1 The third judicial department includes the third judicial district, embrac- 
ing Columbia, Rensselaer, Sullivan, Ulster, Albany, Green, and Schoharie 
counties; the fourth judicial district embracing Warren, Saratoga, St. Law- 
rence, Washington, Essex, Clinton, Franklin, Montgomery, Hamilton, Ful- 
ton, and Schenectady counties ; and the sixth judicial district embracing 
Otsego, Delaware, Madison, Chenango, Tompkins, Broome, Chemung, 
Schuyler, Tioga, and Cortland counties. The fourth judicial department in- 
cludes the fifth judicial district embracing Onondaga, Jefferson, Oneida, 
Oswego, Herkimer, and Lewis counties ; the seventh judicial district em- 
bracing Livingston, Ontario, Wayne, Yates, Steuben, Seneca, Cayuga, and 
Monroe counties ; and the eighth judicial district embracing Erie, Chautau- 
qua, Cattaraugus, Orleans, Niagara, Genesee, Allegany, and Wyoming coun- 
ties. 



196 GOVERNMENT OF NEW YORK, 

sixth districts, six judges each; fifth district, eight judges; 
seventh district, seven judges ; eighth district, fourteen 
judges; ninth district, seven judges. 

Supreme Court — Trial and Special Terms. — In each 
county of the State there are held at certain designated 
times, trial terms of the supreme court, each presided over 
by a single supreme court judge. At these trial terms civil 
and criminal cases are tried with the aid of a trial jury. 
Civil suits are also tried by the judge without the aid of a 
jury, if the parties to the suit so agree. In each county 
also the supreme court holds special terms, presided over by 
a single judge, who hears and decides various legal motions 
without the aid of a jury. The supreme court, both at trial 
term and special term, acts as a court of original jurisdiction, 
that is, it hears cases and motions originally presented to it 
and not on appeal from the decisions of the lower courts. 

Supreme Court — Appellate Division. — In each of the 
four judicial departments there is an appellate division of 
the supreme court, composed of certain judges selected by 
the governor from among the supreme court judges of 
the State. The number of judges in each appellate 
division is seven in the first and second judicial depart- 
ments and five in the third and fourth departments. 
The appellate division of the first department sits in the 
city of New York (borough of Manhattan) ; the second 
department, in the borough of Brooklyn ; the third depart- 
ment, at Albany ; and the fourth department, at Rochester. 
Terms of this court may be held in other places whenever 
the judges of a department deem that the public interests 
will be served thereby. Appeals from decisions of the 
county courts, and from the trial and special terms of the 
supreme court, in any judicial department, are heard in the 



COURTS, 197 

appellate division of the supreme court of the department. 
Judges of the appellate division are appointed for terms of 
five years each. 

The Court of Appeals. — Highest above all these courts, 
and the court of last resort in questions arising under the 
State law, is the court of appeals. This court is composed 
of seven justices — one chief justice and six associate justices, 
elected by the voters of the entire State for terms of four- 
teen years each, at annual salaries of $13,700 each, (the chief 
justice, $14,200); and the governor may appoint not more 
than four supreme court judges to sit temporarily as asso- 
ciate justices in this court. The court of appeals reviews 
questions of law brought up to it from the appellate divi- 
sions of the supreme court. No questions of fact are re- 
viewed by the court of appeals, except in criminal cases 
where the sentence is death. Five justices of the court of 
appeals constitute a quorum, and the concurrence of at least 
four is necessary to a decision. The decisions of the court of 
appeals, with the arguments and explanations of its judges, 
constitute the final interpretation of the law of the State. 
There is no higher court in the land, except the supreme 
court of the United States. 

Coroners' and Surrogates' Courts. — Besides the courts 
above described, there is in each county, except those in 
the city of New York, a coroner's court, held for the pur- 
pose of inquiring into the causes of sudden and suspicious 
deaths. The coroner may examine witnesses and may 
issue a warrant for the arrest of any person charged with 
the commission of the crime under investigation. Coroners 
formerly had power to summon a jury in connection with 
their investigations, which are termed '' Coroners' Inquests" ; 
but this power was abolished by State law in 1899, except 



198 GOVERNMENT OF NEW YORK. 

in case of inquests held in a county situated wholly or 
partly in a city of the first class, when not less than nine nor 
more than fifteen persons, qualified to serve as jurors, may 
be summoned by the coroner. 

Each county has a court presided over by a surrogate 
who takes proof of the wills of deceased persons, and at- 
tends to the settlement and division of the estates of per- 
sons who die without having made a will. This court also 
appoints guardians for the care of the persons and property 
of minors. In counties having a population of less than 
forty thousand, the county judge performs the duties of 
surrogate. 

Courts " of Record " and " Not of Record." — A number 
of cities also have minor civil and criminal courts specially 
allowed them by State lavv.^ The surrogate's court, county 
court, supreme court and court of appeals are Courts of 
Record. That is, each has its ofificial seal and an official 
clerk, who keeps a detailed record of its proceedings. 
Courts of justices of the peace, coroner's courts, and most 
minor courts of cities, are designated as Courts Not of 
Record. 

The Court for the Trial of Impeachments.' — Differing 
from the law courts above described, is the court for the 
trial of impeachments. This court tries, and if found 
guilty, removes from office high public officials, especially 
judges, who, by reason of their offenses, are no longer fit 
to serve the people in the offices which they hold. Im- 
peachment cases are brought by the assembly and are tried 
before the State senate and its president, and the judges of 

>The courts of the city of New York are described in Chapter VI., 
-'Greater New York." 

8 See also Chapter XIV., "The Legislature." 



COURTS, 199 

the court of appeals, sitting together as a court of impeach- 
ment. A two-thirds vote of this court is necessary to con- 
vict and remove an official from office. When the governor 
or lieutenant governor is tried before the court for the trial 
of impeachments, the latter official does not, for obvious 
reasons, sit as a member of the court. 

Court of Claims. — A State cannot be sued in a court of 
law by one of its own citizens, or by the citizens of another 
State ; but any one having a claim against the State may 
take it to the court of claims, and if the court finds the 
claim to be valid, its finding is reported to the Legislature. 
This court consists of three or more judges appointed by 
the governor, with the approval of the senate, for terms of 
nine years each, at annual salaries of $8,000 each and extra 
compensation for expenses incurred while on duty. The 
court of claims holds at least eight sessions a year at vari- 
ous cities in the State.^ Appeals from its decisions may 
be made to the appellate division of the supreme court. 
A State may be sued however by another State, the suit 
being brought in a United States court ; but no private per- 
son is allowed to bring suit against any one of the States. 
General Provisions. — No judge of the court of appeals or 
of the supreme court may hold at the same time another 
public office, and no judge except a justice of the peace, 
may accept any fee for the performance of his pubUc duties. 
This latter provision is intended to keep the judges free 
from the temptation to entertain any legal proceedings, or 
to perform, as judges, any acts that might increase their 
own personal incomes. No person may hold the office of 
judge longer than until and including the last day of Decem- 
ber next after he shall be seventy years of age. 

1 Laws of 191 5, Chapter I. 



200 GOVERNMENT OF NEW YORK. 

SUMMARY. 

Besides trying persons accused of crime, the courts of the 
judiciary department hear and determine questions of private 
rights in dispute between individuals. 

Questions of private rights are brought before the courts 
in civil suits at law, in which the aggrieved person is the 
plaintiff, and his opponent is the defendant. 

The courts also act as interpreters of the law, and they 
decide whether or not statutes enacted by the legislature 
are in accord with the constitution. 

The courts, beginning with the lowest, include in regular 
order, courts of justices of the peace and the local courts of 
cities, county courts, the supreme court and the court of 
appeals. 

Appeals are made from decisions of the lower courts to 
the higher courts. 

' The courts also include a court of claims, a coroner's 
and surrogate's court in each county, and the court for the 
trial of impeachments. 

SUGGESTIVE QUESTIONS. 

What is a civil suit at law ? How does it differ from a 
criminal trial ? 

Explain the meaning of the word plaintiff. Defendant. 
Summons. Issue of fact. 

Under what circumstances and by whom may a statute 
of New York be legally declared to be unconstitutional? 
Must an unconstitutional statute be formally repealed by the 
legislature ? 

Give an account of the two courts of a justice of the 
peace. How many and what persons may constitute a jury 
m the court of a justice of the peace ? 



CHAPTER XVm. 

Th3 Public Schools. 

The laws of New York require the children living within 
the State to attend some school regularly. Under these 
laws public schools have been opened in every part of the 
State, where free instruction is given to residents between 
the ages of five and twenty-one years. Should any child 
between the ages of seven and sixteen years,^ able to go to 
school, fail to attend one of these free public schools, his 
parent or guardian must show to the satisfaction of the 
school officers, that the child is receiving regular instruc- 
tion elsewhere, equivalent to the instruction in the free 
public schools. 

Why does the law provide for free public schools, and 
compel the children of the State to attend regularly some 
school ? Because every citizen, twenty-one years old and 
over, and otherwise qualified, has been given the right to 
vote at public elections held within the State. At these 
elections public officers are chosen to make, interpret and 
enforce the State laws. Thus every voter, as he puts his 
ballot into the box on election day, helps to determine the 
kind of government under which we all live. It is su- 
premely important that the voter shall be sufficiently in- 
telligent and well-informed to cast a ballot for the best in- 
terests of the State. Such intelligence and information the 
State aims to develop by its system of free public schools, 
and its law requiring the children to attend school. 

The State's Public School System. — The free public 

^ With exceptions noted on pages 208-209. 

201 



202 GOVERNMENT OF NEW YORK. 

schools of New York are carried on under both State and 
local laws. The State constitution ^ directs the legislature 
to " provide for the maintenance and support of a system of 
free common schools, wherein all the children of this State 
may be educated." This has been done in the cities and 
larger villages, by placing provisions in their charters, pro- 
viding for free public schools to be carried on under the di- 
rection of a local board of education and a local superintend- 
ent of schools. Outside of the cities and larger villages the 
territory of the state is divided into supervisory districts, 
each under an officer known as the District Superintend- 
ent.^ A district superintendent is chosen every five years 
by a board of school directors consisting of two directors 
elected by each town in the district. The district superin- 
tendent has general supervision, subject to State law, of the 
free common schools within his district. Every supervisory 
district is in turn divided into school districts, in each of 
which there is maintained a free common school, supported 
partly by the people of the district and partly by the State. 
These are the schools carried on in the '' little red school- 
houses " that dot the hillsides and stand Hke sentinels at the 
country crossroads, each under its own proudly waving 
"stars and stripes," all over the Empire State. Over all 
these district superintendents, school districts, boards of 
education, city and country schools — there is a State com- 
missioner of education (p. 211), who is the head of the free 
school system of the State and the last resort in all disputes 
affecting the public schools. 

The District Superintendent and His Duties.— Every 

^ Article IX., Section I. 

2 Beginning with 191 2. Before then, a school commissioner, instead, was 
elected by the people in each county or commissioner's district. 



THE PUBLIC SCHOOLS. 203 

county in the State, outside of those composing New York 
City, has one or more supervisory districts, lying wholly 
within the county. The district superintendent is partly 
a State and partly a local officer. The State, through the 
commissioner of education, pays each superintendent a 
salary of ^1200 annually,^ and the supervisors of the towns 
in his district may by majority vote increase his salary, the 
increase being paid by taxes levied on the towns in the 
district. 

It is the superintendent's duty to supervise the free 
common schools of his district and to see that proper in- 
struction and discipline are maintained in them. He may 
form new school districts in his supervisory district, and 
under certain restrictions may alter the boundaries of ex- 
isting school districts. Under the direction of the State 
commissioner of education he also examines and licenses 
would-be teachers. He may condemn a public schoolhouse 
as unfit for use and order the people of the district to re- 
pair it or to build a new one; but the people may appeal 
from his decision to the State commissioner of education. 
Any person of full age, a citizen of the United States and 
a resident of the State, is eligible for the office of district 
superintendent, provided he or she has a State teacher's 
certificate, and can pass an examination on the teaching of 
agriculture. The superintendent must, while acting as 
such, be a resident of the county in which his district is 
situated. Some of our best superintendents (formerly called 
school commissioners) have been women who had gained 
practical experience as teachers in the free common schools. 

The School District and its Government. — For school 
purposes the State has made each .school district a self- 

^ He is also allowed $300 for traveling expenses. 



204 GOVERNMENT OF NEW YORK. 

governing unit, in many respects similar to the self-gov 
erning municipal corporations of town, village, city aijd 
county. The law-making power of the school district is 
the School District Meeting. All citizens of full age, ir- 
respective of sex, who live in the district, who send one or 
more children to the district school, or who own property 
in the district liable to be taxed for school purposes,^ are 
lawful voters at all regular and special school district 
meetings. The regular annual school district meeting is 
held on the first Tuesday in May, usually in the district 
schoolhouse. It elects by ballot, of the majority of the 
voters present, the following executive officers of the school 

1 Voters at District Meetings. — Section 203 of the Education Law 
thus describes the qualifications of voters at school district meetings : 

A person shall be entitled to vote at any school meeting for the election 
of school district officers, and upon all other matters which may be brought 
before such meeting who is : 

1. A citizen of the United States, 

2. Twenty-one years of age, 

3. A resident within the district for a period of thirty days next preceding 
the meeting at which he offers to vote; and who in addition thereto possesses 
one of the following four qualifications: 

a. Owns or hires, or is in the possession under a contract of purchase of 
real property in such district liable to taxation for school purposes, or 

b. Is the parent of a child of school age, provided such child shall have 
attended the district school in the district in which the meeting is held for a 
period of at least eight weeks during the year preceding such school meet- 
ing, or 

c. Not being the parent, has permanently residing with him a child of 
school age who shall have attended the district school for a period of at least 
eight weeks during the year preceding such meeting, or 

d. Owns any personal property, assessed on the last preceding assessment- 
roll of the town, exceeding fifty dollars in value, exclusive of such as is exempt 
from execution. 

For many years women as well as men have had the right to vote at school 
district meetings. 



THE PUBLIC SCHOOLS. 205 

district : One or three trustees, a district clerk, a collector, 
and (if the district so decides) a treasurer. 

All of these officers must be residents of the school dis- 
trict, and qualified voters at the district meeting ; and they 
must also be able to read and write. They hold office for 
one year, except where the district elects three trustees, in 
which case the term of a trustee is three years, one trustee 
going out of office each year. 

Powers of the School District Meeting. — Besides the 
power to elect district officers, a school district meeting has 
power to fix the amount of bonds which the collector and 
treasurer shall give for the faithful performance of their 
work ; power to designate, with the consent of the district 
superintendent, a site for a schoolhouse ^ ; power to vote a 
tax upon the taxable property of the district for school sites, 
supplies, buildings and furniture; for school apparatus 
not exceeding twenty-five dollars in one year ; for school 
libraries ; and for teachers' wages. 

The School Trustee. — The State law makes the trustee 
or trustees of a school district a corporate body, or board, 
for the purpose of holding and managing the school prop- 
erty of the district ; and the trustee is the chief executive 
officer of the school district. The trustee may call special 
meetings of the school district voters. He makes out a 
list of persons in the district who are liable to pay taxes 
for school purposes, putting the amount of each person's 
school tax opposite his name on the tax list, and directs 
the district collector to collect this tax. He may also raise 
by direct tax any reasonable sum needed to pay teachers' 
wages. He buys or leases property for school purposes, 
and purchases school apparatus, as directed by the district 

^ School sites may be chosen only at special district meetings. 



206 GOVERNMENT OF NEW YORK, 

meeting; hires the teachers who teach in the district 
school; makes rules for the government and discipline of 
the school ; and prescribes its course of study, subject to 
the State laws governing these matters, and to the general 
supervision of the district superintendent and of the State 
commissioner of education. 

Union Free School Districts. — Under directions laid 
down by State law, the voters of any school district, or the 
voters of adjoining districts voting to consolidate their 
school districts, may establish a union free school, and 
elect a board of education of from three to nine members, 
having generally the powers and duties of school trustees. 
This board may establish an academic department in the 
union free school for higher instruction under the super- 
vision of the State education department. In union free 
school districts of sufficient population, the board of educa- 
tion may elect a local superintendent of schools. 

Money for the Schools. — Besides the moneys voted at 
school district meetings, the State distributes each year 
large sums for the support of the free public schools. 
Part of this money is appropriated by the State legislature 
from moneys in the State treasury, the proceeds of various 
taxes ; and part of it is the income from certain educa- 
tional funds belonging to the State, which the people, 
through the constitution, have declared shall be kept in- 
violate for school purposes.^ These are known as the 
Common School Fund, the United States Deposit Fund 
and the Literature Fund. 

The common school fund had its beginning in 1805, when 
the State sold some 500,000 acres of public land '' to raise 
a fund for the encouragement of common schools." The 

^ New York State Constitution, Article IX., Section 3. 



THE PUBLIC SCHOOLS, 207 

United States deposit fund is a portion of a surplus of 
;^30,ooo,ooo of United States funds that had accumulated 
in the United States treasury, and that was distributed in 
1832 among the States, to be kept until called for by the 
national government. These two funds are for the sup- 
port of common schools, while the income from the third 
fund, the literature fund, goes to the academies. 

Distribution of School Moneys. — From the moneys pro- 
vided by the State, the State commissioner of education 
apportions annually the sums prescribed by State law for 
each city, incorporated village, union free school district, 
and each common school district, depending upon assessed 
valuation, number of teachers employed, number of chil- 
dren attending school, and some other details. The money 
is paid through the county treasurer's office, and part of 
it, for the common schools, passes through the hands of the 
town supervisors, who pay it over when required to do so. 

Out of its school moneys the State supports a Normal 
College at Albany and ten other Normal Schools for the 
instruction and training of public school teachers. ^ It also 
pays for the maintenance of teachers' training classes in 
connection with academies and the academic departments 
of union free schools, and for the teachers' institutes car- 
ried on in the various supervisory districts, where teachers 
already employed in the pubHc schools may receive instruc- 
tion. 

Schools in Cities. — The public schools of each city, while 
being subject generally to the State laws regulating public 
education, and to the general supervision of the State com- 
missioner of education, are carried on in accordance with 
special provisions in the various city charters ; each city 

^In 191 7 provision was made by the legislature for the establishment 
of an additional normal school. 






2o8 GOVERNMENT OF NEW YORK, 

having generally its own local board of education, elected or 
appointed/ and its superintendent of schools, elected by its 
board of education, and exercising the power to appoint 
teachers — sometimes on the basis of competitive examina- 
tions—or to nominate them for appointment by the board. 

School-teachers are Public Officers. — Teachers are 
paid partly by the State and partly by the local government ; 
and no person may teach in the public schools without first 
receiving a teacher's license. A license may be obtained 
( I ) by passing a graded examination prepared by the State 
commissioner of education and conducted by a district 
superintendent, the license being good only in the super- 
intendent's district ; or (2) by passing an examination con- 
ducted by the State commissioner of education for a license 
good for life anywhere in the State ; or (3) by graduating 
from a State Normal School ; or, (4) by passing the local 
examination of a city superintendent. Some other special 
certificates may be given by the State commissioner. 

The Compulsory School Attendance Law. — The State 
requires every child between eight ^ and sixteen years 
old who is in proper physical and mental condition, 
to attend the common schools or to have equivalent 
instruction.^ But children between fourteen and sixteen 

1 The proper schooling of children is vitally important. Unlike other city 
departments, the board of education usually serves without pay, and is little 
influenced by party politics. 

2 The compulsory school age is between seven and sixteen years in a city 
or school district having a population of 5,000 or more and employing a super- 
intendent of schools. Another law provides for the physical training of all 
school children over eight years of age, and the military training of all school 
and college boys between sixteen and nineteen. 

^ The law reads in part as follows : " and such attendance shall be for 
at least as many hours of each day thereof, as are required of children 



THE PUBLIC SCHOOLS, 209 

years old, regularly and lawfully engaged in some useful 
employment,^ are not required to attend school; except 
that, in cities of the first and second class, boys between 
fourteen and sixteen, who have gone to work, but who are 
not graduates of the pubhc schools, or who do not hold 
certain certificates, must attend night school for sixteen 
weeks in each year.^ Attendance officers, called truant 
officers, who have power to arrest truants without a war- 
rant, must be appointed in each city, village and town to 
enforce compulsory attendance. Parents who neglect to 
cause their children to attend school in accordance with 
the law are guilty of a misdemeanor. The State commis- 
sioner of education may withhold school moneys from 
cities or districts that fail to enforce, compulsory school 
attendance, and he may depose any school officer who 
willfully neglects his duties. 

of like age at public schools ; and no greater total amount of holidays or 
vacations shall be deducted from such attendance during the period such 
attendance is required, than is allowed in such public school to children of 
like age." 

^ In cities and school districts having a population of 5,000 or more a child 
between fourteen and sixteen years old, if lawfully employed, needs to have 
an employment certificate issued under the provisions of the Labor Law. 

2 The law reads : " Every boy between fourteen and sixteen years of age 
in a city of the first class or a city of the second class, in possession of an 
employment certificate duly issued under the provisions of the Labor Law, 
who has not completed such course of study as is required for graduation from 
the elementary public schools of such city, and who does not hold either a 
certificate of graduation from the public elementary school or the preaca- 
demic certificate issued by the regents or the certificate of the completion 
of an elementary course issued by the education department, shall attend the 
public evening schools of such city, or other evening schools offering an 
equivalent course of instruction, for not less than six hours each week for a 
period of not less than sixteen weeks, or upon a trade school a period of eight 
hours per week for sixteen weeks in each school or calendar year." 



2IO GOVERNMENT OF NEW YORK, 

The University of the State of New York and the 
Regents. — At the head of the educational system of 
the State is the corporation known as the University 
of the State of New York. This university was incor- 
porated by the State legislature in 1784, and the origi- 
nal purpose was to make it an ordinary university; but 
this plan was not carried out. Instead, the corporation 
was reorganized as a federation of the higher institutions 
of learning in the State, including universities, colleges, 
professional and technical schools, some public libraries, 
museums, and university extension centers. The Univer- 
sity of the State of New York is governed and its powers 
exercised by the regents. The regents consist of twelve 
men, elected by the State legislature for terms of twelve 
years each. One regent is elected annually in the second 
week of February, and he takes office on April i, following. 

Powers of the Regents. — The regents have power to 
establish rules and regulations necessary to carry into 
effect the State statutes relating to education. They may 
incorporate, alter or revoke the charters of universities, 
colleges and other institutions of higher learning in the 
State. They visit and inspect such institutions, and re- 
ceive reports from them. They manage the great State 
Library and the State Museum, and take care of the his- 
torical records and archives of the State. They prepare 
regents' examinations covering college preparatory studies 
and qualifications for admission to various technical and 
professional schools. They also supervise the granting of 
academic and professional degrees. They conduct a de- 
partment of university extension work, sending out teachers 
and lecturers, and granting regents' certificates to students 
passing the required examinations. 



THE PUBLIC SCHOOLS. 2ii 

The Commissioner of Education. — The regents elect 
the State commissioner of education, who serves during 
their pleasure, and receives a salary of ;^ 10,000 a year. 
This commissioner acts as the official secretary of the re- 
gents, and he is also their executive officer. He appoints 
many subordinates and assistants, subject to the approval 
of the regents. He supervises the educational institutions 
of the State, especially the free public schools and the 
normal schools. He apportions the school moneys of the 
State as previously described. He may, for cause, remove 
a public school officer, or revoke a teacher's certificate. 
He acts also as a judicial officer in the interpretation and 
application of the school laws. Some cases are brought 
before him in the first instance, as disputes over the elec- 
tion of school officers ; also he must decide appeals from 
the decisions of subordinate officers, especially the district 
superintendents. 

SUMMARY. 

The State must have intelligent voters, if it would have 
good government ; so it has established free schools and 
requires the children to attend school. 

Outside of cities, the State is divided into supervisory 
districts ; and these are in turn divided into school districts, 
each having its free common school, supported in part by 
the State and in part by the district. Each city in the 
State has its own system of free public schools and also 
its school superintendent, as provided in its charter. All 
are under the supervision of the State commissioner of 
education. 

The school district is a unit of local government for school 
purposes. The school district meeting is the district legis- 



212 GOVERNMENT OF NEW YORK, 

lative body, and the school trustee is the chief executive 
ofificer of the district. 

Higher instruction in the State is under the supervision 
of the regents of the University of the State of New York. 

SUGGESTIVE QUESTIONS. 

Give the substance of the law compelling children to at- 
tend school in this State. What is the purpose of this law ? 
How is it enforced } 

Give an account of the district superintendent and his 
duties. 

What is a school district } Describe in outline the gov- 
ernment of the school district for school purposes. Who 
is its chief executive officer } 

How are union free school districts formed? For what 
purposes? 

Describe the duties of the State commissioner of educa- 
tion. How is he chosen } 

Name three sources from which money is obtained to 
carry on the free public schools of this State. How may 
a person obtain a license to teach in such schools } 

Describe the board of regents and its duties. How are 
the regents chosen } For what terms } WJiat is the Uni- 
versity of the State of New York } Who was its first 
chancellor } What is a regent's certificate ? 



CHAPTER XIX. 
Assessment and Collection of Taxes. 

Government cannot be carried on without money. The 
town must have money to pay for roads and bridges ; the 
village must have money for street lamps, village water- 
works and police. The great city must spend millions of 
dollars every year for lighting, paving, street cleaning, water, 
police, schools, and a hundred other necessary public activi- 
ties. In the county the sheriff, the county judge, county 
clerk, and other officers must be paid. So in the State, the 
governor and his army of assistants in the executive depart- 
ment, the members of the legislature, and the judges of the 
courts must all have their salaries. Without money, the 
wheels of government would soon cease to revolve. Many 
beneficial public activities would be suspended, schools 
would close, courts and policemen would stop work, county 
poorhouses and State asylums would be obliged to turn 
their helpless inmates into the streets, law would remain 
unenforced, and confusion, ignorance, and crime, would soon 
triumph over the feeble and unorganized efforts of indi- 
viduals. 

But where is all the money, needed to carry on the vast 
and complicated public activities of our government, to come 
from ? How is it to be apportioned among the people bene- 
fited? How collected so as least to inconvenience the 
people who are to pay it ? To answer these questions satis* 

213 



214 GOVERNMENT OF NEW YORK. 

factorily has been from the beginning of civilized govern- 
ment, one of its most difificult and dehcate problems. 

Money to Carry on the Government is Collected in the 
Form of Taxes. — Money or service lawfully taken from the 
people to meet the expenses of their government is called 
taxes. Taxes for the support of the government of the 
United States are collected very largely as customs duties 
and internal revenue. The former is a tax collected at the 
United States customhouses, on the value of goods or prod- 
ucts brought into this country from foreign countries. The 
United States internal revenue taxes are collected not on 
goods imported, but upon domestic commerce and manu- 
factures — especially liquors, tobacco, etc. Internal revenue 
is often paid in the form of stamps purchased from the 
government, and placed on the article manufactured or 
sold. Both customs duties and internal revenue taxes are 
known as indirect taxes, because they are paid ultimately 
by the purchaser of the articles taxed, in the increased 
price asked for such articles.^ An exarnple of direct taxa- 
tion is the tax laid on incomes. 

State and Local Taxes. — Money for carrying on our 
local governments, and sometimes for the State govern- 
ment also, is collected very largely in the form of a tax on 
the value of houses, lands and other permanent property, 
called real property. Movable property, such as horses, 

1 Indirect taxation has these advantages : the tax burden is distributed in 
small amounts among many consumers, is not felt to be heavy, and the taxes 
are easily collected. It has its dangers, however. The taxpayer, not realizing 
the actual amount of the burden, is apt to feel too little interest in the tax and 
too little responsibility, as a voter, for the wise and economical administration 
of the government. Also, a customs duty often has the effect of raising the 
price of domestic goods as well as that of the imported goods of the same 
kind that are actually taxed. 



ASSESSMENT AND COLLECTION OF TAXES. 21$ 

cattle, the goods of a merchant, certain farm machinery, 
etc., is also subject to taxation ; but this movable property, 
which is called personal property, is a more difficult form 
of property to tax than real property, owing to the com- 
parative ease with which it can be concealed, and because 
of its greater fluctuation in value. In the raising of direct 
taxes, each owner of taxable property is required generally 
to pay a tax equal to a certain definite percentage of the 
value of his property subject to taxation. Thus if ;^ 100,000 
of taxes is to be raised in a certain city, and the. value of 
the taxable property in the city is ^5,000,000, each dollar's 
worth of property will pay two cents in taxes ; and John 
Smith, who owns a house and lot valued at $2,500, must 
pay fifty . dollars. This form of taxation is called direct 
taxation, because the tax money goes directly from John 
Smith's pocket to the officers of the government, instead 
of being paid indirectly, in the increased price which he 
pays for an article which is taxed by the government. 

Tax Districts. — For the purpose of collecting taxes, the 
State is divided into tax districts, each district usually cor- 
responding to a town or city. Officers are elected or 
appointed in each town and city to ascertain the value of the 
houses, lands, and other taxable property in the district, and 
local officers often collect in a single sum, from each prop- 
erty owner, the amount of taxes due from him to the State, 
county, town, and city governments. 

Fixing the Amount of the Taxes. — The State legislature 
decides what sum must be raised each year from the prop- 
erty in each county to carry on the State government. The 
county board of supervisors in each county decides how 
much money must be raised as a county tax to carry on the 
county government ; and this is added to the sum to be 



2i6 GOVERNMENT OF NEW YORK. 

raised in the county for State purposes. The amount to be 
raised for town purposes is decided by the town meeting in 
each town ; the sum is reported to the county board of 
supervisors, and the board adds it to the town's proportion 
of State and county taxes. The amount of money needed 
to carry on a city government is usually fixed by its com- 
mon council, which reports the sum to the board of super- 
visors of the county in which the city is located ; and the 
board adds to this sum the State and county tax for which 
the city is liable, as in the case of a town. Village and 
school-district taxes are collected independently of the State 
and other local taxes, by the village and school-district 
officers. 

Assessors and Their Duties. — In each tax district of the 
State, three assessors are elected by the people of the towns, 
but special laws govern in the cities. It is the duty of the 
assessors to " ascertain by diligent inquiry*' all property and 
persons in the district liable to be taxed. Generally all real 
property — that is, houses and lands — must pay taxes, and a 
mortgage given for a debt due upon a house or farm does 
not lessen the amount of taxes the property must pay. A 
man may also be taxed on his personal or movable prop- 
erty after deducting his just debts from its value. Excep- 
tion is made of public property belonging to the United 
States or to the State, and of property of municipal corpora- 
tions used for public purposes, such as a courthouse, jail, 
park, cemetery, etc. Such property is not taxed. Neither 
is the property of religious and charitable organizations, like 
churches and hospitals, when used directly for religious or 
benevolent purposes. 

The Assessment Roll. — From information obtained by 
the assessors, they make up what is called an assessment 



ASSESSMENT AND COLLECTION OF TAXES. 217 

roll for the tax district. This roll must contain the name 
of each person in the tax district liable to be taxed, the 
value of his real property, and the amount of any personal 
property or rents upon which he may be taxed. Having 
made up the assessment roll, the assessors now notify the 
people of the district that the roll is open for inspection. 
The assessors fix a time and place for hearing any com- 
plaints of persons, who may thmk themselves wrongly as- 
sessed. As a result of these hearings, corrections may be 
made in the assessment roll. This roll, when corrected, is 
filed with the town or city clerk. 

The County Board of Equalization. — The assessment 
roll for each tax district is taken to the annual meeting of 
the county board of supervisors ; and the board there ex- 
amines the different rolls. If any person still feels aggrieved 
at the amount he has been assessed, he may now appeal 
from the decision of his local assessors to the county board 
of supervisors, for its decision. This board, when examin- 
ing the assessment rolls, sits as a County Board of Equaliza- 
tion of Taxes, and has power to increase or decrease the 
aggregate assessed value of the real property in any tax dis- 
trict, in order to produce a just relation among the several 
district valuations; but the board must not decrease the 
total assessment of the county. The board apportions the 
State and county taxes due from each town and city, adds 
the town or city tax, and puts the amount of each person's 
tax opposite his name on the assessment roll of his tax dis- 
trict. The assessment roll, thus completed, becomes the 
tax roll of the district. We will now go back to John 
Smith, who owns a house and lot valued at ;^2,500. We 
will suppose the county board of equalization finds that 
j5 1 00,000 is to be raised in taxes from the property of the 



2i8 GOVERNMENT OE NEW YORK. 

city where John Smith lives. Of this sum, $90,000 is 
required by the city government to pay for schools, police, 
streets, sewers, lights, etc.; ;^9,ooo is the city's share of 
the money needed to carry on the county government ; and 
;^ 1,000 is due from the city to the State government. The 
total tax on each dollar of taxable property in the city is 
two cents. Of the fifty dollars taxes which John Smith will 
pay on his property, valued at $2,500, forty-five dollars, 
therefore, will go to the city government, four and one half 
dollars to the county, and fifty cents to the State. 

Collecting the Taxes. — The amount of each man's tax 
having been ascertained, the board of supervisors directs the 
collector in each tax district to collect the money due, and 
pay it over to the officials entitled by law to receive it. The 
superintendents of highways receive the money for building 
and repairing the roads; the superintendents of the poor, 
the money for the support of the county's poor ; the super- 
visor, the money for town expenses ; the city treasurer, the 
money for the city government ; and the county treasurer, 
the remainder. The county treasurer pays out of the money 
received by him, any charges against the county, and he 
pays to the State comptroller the tax on the property 
of the county fixed by the legislature for State purposes. 
Both the State comptroller and the county treasurer are 
authorized by law to sell real property on which the tax 
remains unpaid ; but the property so sold may be re- 
deemed or bought back by its former owner, on his pay- 
ing back taxes due, and the costs and expenses of the tax 
sale. The local authorities of cities may sell in a similar 
way real property on which certain city taxes have not 
been paid. 

The State Board of Equalization. — That the property in 



ASSESSMENT AND COLLilCTION Of TAXES. 219 

each county may be justly assessed for the payment of taxes 
due to the State, officers known as State tax commission- 
ers, visit the different counties, ascertain the value of the 
taxable property, and the manner of its assessment and valu- 
ation by the assessors in the local tax districts. Once a 
year, a State board of equalization meets at Albany to 
examine and revise the valuations of the taxable prop- 
erty reported from the different counties. The tax com- 
missioners and the commissioners of the Land Office 
constitute the State board of equalization, and this board 
may increase or decrease the aggregate value of the assess- 
ment of the real property of any county, but it cannot de- 
crease the total of the assessed valuation of property within 
the State. Appeals from decisions of county boards of 
equalization may be made to this State board. 

"Tax Dodging" and its Penalty. — Sometimes persons 
try to escape paying their just share of the taxes by con- 
cealing their taxable property, or making false statements to 
the assessors as to its value. Such attempted ** tax dodg- 
ing/' the law of the State classes among the misdemeanors, 
and a person thus trying to deceive the tax officers, may be 
tried and punished by the criminal courts. 

Revenues of the State. — Some years ago, the bulk of 
the revenue of this State was derived from the direct prop- 
erty tax described in this chapter. In recent years, how- 
ever, the ordinary expenses of the State have been fully 
met by revenues derived from special State taxes, etc., as 
follows : on organization of corporations (about 2 per cent 
of total State revenue) ; on the capital and income of rail- 
road, telegraph, waterworks, Hghting, and various other 
corporations (over 20 per cent of the total revenue) ; on 
certain inheritances of property (over 20 per cent); on trans- 



220 GOVERNMENT OF NEW YORK, 

fers of stocks (about 1 5 per cent) ; on the liquor traffic (about 
20 per cent); on mortgages (about 2 per cent); on auto- 
mobiles (over 3 per cent) ; and from numerous other sources 
of income (over 10 per cent). The only direct property tax 
usually necessary is a small tax levied to pay the interest 
and (gradually) the principal of State debts authorized by 
the people ; ^ and even this need not be levied if the legis- 
lature chooses to provide funds by other means.^ Because 
of the large special taxes, New York in some years has 
levied no State tax on property. In most other States there 
is a comparatively heavy State tax on property. 

Private Corporations and their Nature. — We have 
spoken of the taxes collected upon the capital stock and in- 
come of private corporations operating railroads, telegraph 
lines, etc. What is a private corporation, and how does it 
differ from the municipal corporations of town, village, city 
and county, previously described '^. Private corporations 
are composed of persons united usually for the conducting 
of money-making enterprises, like banking, insurance, rail- 
roads and other enterprises too great to be successfully 
managed by a single individual. A private corporation, 
like a municipal corporation, must go to the State legisla- 
ture for its charter for permission to do business ; and these 
corporations are organized under a general law of the State, 
known as the Corporation Law. When the individuals 
composing a private corporation have obtained their char- 
ter, they may buy, sell and hold property, carry on the 
corporate business permitted by their charter, sue and be 
sued, as a single individual. 

Banks and Banking. — Important private corporations, 

1 New York State Constitution, Article VII., Section 4. 

2 New York State Constitution, Article VII., Section 11. 



ASSESSMENT AND COLLECTION OF TAXES, 221 

subject to the laws of New York, are the State banks, which, 
under the general laws of the State, are allowed to issue 
their banknotes, or promises to pay, for circulation among 
the people as money. For the security of those who deposit 
their money in State banks, or who use their banknotes as 
money, the law provides that these banks shall be subject 
to the control of the State Superintendent of Banks. Under 
the State constitution all State-bank notes issued or put in 
circulation as money, must be registered by the State, and 
the banks must deposit with the State officers, securities suf- 
ficient to redeem their notes in coin.^ The constitution still 
further provides for the protection of the people against the 
possible failure of the banks to meet the obhgations of these 
notes, that the legislature shall have no power to pass any 
law, " sanctioning in any manner directly or indirectly, the 
suspension of specie payments by any person, association 
or corporation issuing banknotes of any description." ^ 
This means that, if so demanded, a bank must pay its notes 
in coin. The State banks, however, do not issue banknotes 
now, because such banknotes are heavily taxed by the 
United States government. Their business is to receive 
money on deposit and to loan money at interest. Special 
kinds of State banking institutions are called trust com- 
panies, savings banks, and building and loan associations, 
all operating under the control of special State laws. 

Differing from the State banks are the national banks 
and the federal reserve banks, created by United States 
law ; for these banks issue paper notes or promises to pay 
which circulate as money. 

The national banks, of which there are several thousand, 

1 New York Constitution, Article VIII., Section 6. 

2 New York Constitution, Article VIII., Section 5. 



222 GOVERNMENT OF NEW YORK, 

perform also the functions of ordinary State banks. As 
security for the redemption of their notes, they deposit 
United States bonds with the Treasury Department. 

The federal reserve banks, twelve in number, do busi- 
ness with banks only, receiving deposits from them and 
making loans to them. As security for the federal reserve 
notes which they issue as money, they deposit either bonds 
or commercial paper — that is, promissory notes and drafts 
— received from banks to which they have made loans. 

The State not to Aid Private Enterprises. — The State 
constitution ^ says that the money or credit of the State 
shall not in any manner '' be given or loaned to or in aid of 
any association, corporation or private undertaking," con- 
ducted for private gain. And the State may not become 
the owner of any stock or bonds of any association or 
private corporation. These constitutional provisions are in- 
tended to prevent the lawmakers from using the public money 
in such a way as to benefit any private enterprise. The 
State legislature may incur debts at no time exceeding 
;^50,ooo,ooo for improvement of highways, and not more 
than $1,000,000 for ordinary expenses ; any other proposed 
debts must be authorized by vote of the people, unless it be 
for the purpose of repelling invasion, suppressing insurrec- 
tion, or defending the State in time of war.^ The State 

1 Bonds of the United States are its written promises to pay at a definite 
time money which it has borrowed, with interest, at a rate fixed by Congress 
at the time of issuing the bond. 

'-2 New York State Constitution, Article VIII. , Section 9 ; also Article VIL, 
Section i. 

^ New York State Constitution, Article VII., Sections 2, 3, 4 and 12. The 
people have accordingly authorized debts of more than $100,000,000 for 
deepening and improving the State canals, and $100,000,000 for construction 
of highways. The net State debt in 1917 was about $190,000,000. 



ASSESSMENT AND COLLECTION OF TAXES, 223 

constitution also prohibits any county, city, town, or village, 
from giving money or property to, or loaning its money or 
credit in aid of, any individual, association, or corporation, 
or from owning any stocks or bonds of any private associa- 
tion or corporation.^ 

The Forest Preserve and the Canals.— -New York owns 
a vast quantity of wild forest land in the Adirondack region, 
much of which is covered with virgin forests. In it are 
the head waters of the Hudson, Mohawk, and other large 
rivers, which supply water for the canals owned by the 
State. This, with other wild lands owned by the State, is 
called the ** Forest Preserve.'' It is under the care of 
the conservation commission, and affords a magnificent 
public park for the people of the State. The State consti- 
tution declares that the forest preserve, now or hereafter to 
be acquired, shall be forever kept as wild forest land ; and 
that it may not be leased, sold, or exchanged, or taken by 
any corporation ; and that the timber on it shall not be sold, 
removed, or destroyed. In connection with the same sub- 
ject, the constitution declares that the canals owned by the 
State shall not be sold or leased, but must remain the prop- 
erty of the State and under State management. No tolls 
may be charged on the canals, but they are always to re- 
main free public waterways for the use of the people.^ 

SUMMARY. 

Money to carry on the various governments, State and 
local, is collected from the people and property within the 
State in the form of taxes. 

Money for the support of the United States government 

^New York State Constitution, Article VIII. , Section 10. 

2 New York State Constitution, Article VII., Sections 7, 8 and 9. 



224 GOVERNMENT OF NEW YORK. 

is collected principally in the form of indirect taxes ; for the 
support of the State government, principally in the form 
of taxes on corporations, inheritances, the liquor traffic, etc. ; 
for the support of local governments, principally in the 
form of direct taxes on real and personal property. 

The State legislature decides the amount of tax to be 
raised for the State government ; the board of supervisors 
the amount for the county; the town meeting the amount 
for the town ; and the common council the amount for the 
city. 

The State is divided into tax districts each with its own 
board of local assessors, who fix the value of each man's 
property for purposes of taxation, and record the same in 
the district assessment roll. 

The county board of supervisors, sitting as a board of 
equalization, compares the assessment rolls of the several 
tax districts in the county, fixes a just relation between the 
different valuations, and fixes each man's total tax for 
State and local purposes, except village and school-district 
taxes, which is then collected in a lump sum by the col- 
lector of his tax district. 

A State board of equahzation performs similar duties in 
regard to the valuations of the different counties of the 
State. 

SUGGESTIVE QUESTIONS. 

Name three purposes for which taxes may be legally im- 
posed in this State. 

What is the difference between direct and indirect taxa- 
tion } Which is chiefly employed for State and local pur- 
poses } 

What are customs duties ? What is internal revenue ? 



ASSESSMENT AND COLLECTION OF TAXES, 225 

From what is the income of the State chiefly derived ? 

What are the usual boundaries of a tax district in this 
State ? Describe generally the mode of assessing and col- 
lecting State and local taxes. 

What is meant by the '' county board of equalization '' ? 
What are the duties of this board ? 

What is a tax sale ? When is it employed ? What is 
the penalty for making false statements to the tax officials 
about one's taxable property ? 

How does a private corporation differ from a municipal 
corporation ? 

What officer has general supervision of the operations 
of State banks ? For what purpose ? What provision of 
the constitution prohibits a State bank from suspending 
specie payments ? 

Describe briefly the difference between a national and a 
State bank. May the State guarantee the financial stand- 
ing of a bank ? If not, why not ? May a city loan money 
to a bank ? 

What is the State's forest preserve ? 

ADDITIONAL READING. 

For a brief account of the history and working of the national 
banking system, see Dunbar^s Chapters on the Theory and History of 
Banking, Chapter IX., ^^ The National Banks of the United States." 
On the general subject of taxation, see R. T. Ely's Taxation in 
American States and Cities, 



CHAPTER XX. 
The Conduct of Public Elections. 

Voting in New York seems at first sight to be a very 
simple affair. The voter goes to the polls on election day, 
and puts into the ballot box a piece of paper on which are 
the names of persons whom he wishes elected to public 
office. But voting, when we come to look more carefully into 
it, is not such a simple matter. A large number of public 
officers are required to conduct our public elections, and 
many forms of law must be complied with before every citi- 
zen possessing the right to vote may cast a ballot for the 
men of his choice, before the ballots so cast may be counted, 
and before the men elected to public offices may take their 
places in the service of the State and local governments. 

Government Carried on by Political Parties. — One of 
the first things we shall see, as we come to look more care- 
fully into the subject of pubUc elections, is that the persons 
elected to office nearly always represent some one or more 
political parties. They are Republicans, Democrats, Prohibi- 
tionists, Socialists, etc. When the citizen goes to the poll- 
ing place to vote, he does not, usually, write on his ballot 
the name of any man who he thinks would make a good 
governor, sheriff, mayor, etc., but he votes for men whose 
names are already on the ballot — for men who have been 
named for these offices by some organized body of citizens. 
Thus he casts a ballot for the nominees of the Republican 
party, the Democratic party, the Prohibition party, or the 
226 



THE CONDUCT OF PUBLIC ELECTIONS, 227 

Socialist party. Or perhaps he votes for men who have 
been named for office by some body of independent voters 
not connected with these parties. If he votes for men not 
previously nominated by some organized body, he votes for 
persons who have no possible chance of being elected ; and 
for this '' throwing away of a vote " there is little excuse, ex- 
cept as the voters of a minority party wish '' to stand up 
and be counted" for some principle held dear by them. 
Because the men elected to public office usually represent 
some political party, the State has enacted laws regulating 
the action of political parties, so as to give each member of 
a party a voice in the selection of his party's nominees for 
public office. 

How Political Parties Work. — Parties in New York are 
organized along the lines of the local political divisions — 
election districts, towns, wards, cities, and counties. They 
are also organized as State bodies. In each of these polit- 
ical divisions every fully organized party has its party com- 
mittee, composed of men voting with it, whose duty it is to 
formulate rules for the organization of the party not incon- 
sistent with the principles of the law regulating parties, 
to collect and pay out money to advance the party interests, 
to circulate newspapers and pamphlets advocating its prin- 
ciples and candidates, to hold meetings at which public 
speakers advocate the principles of the party, and to bring 
out the party's voters on registration, primary, and election 
days. Members of the State and county committees are 
elected by the enrolled voters of their respective parties at 
the regular primary election. All other committees are 
formed in a manner provided for by the rules and regula- 
tions of the party itself. 

The Party Primary. — Every enrolled party voter may 



228 GOVERNMENT OF NEW YORK, 

attend his party's primaries held in the district where he 
lives. Here by voice and vote he may help to name his 
party's candidates for public office ; also the leader of his 
party for his district. The primary meeting is in theory 
very much like the town meeting, except that it is attended 
by the voters of one political party only, and that they 
meet to elect officers of their party, and to name candidates 
for public office instead of to elect them. In the primary 
is thus the real beginning of '' government by the people." 
Party primaries name candidates for all offices to be filled 
at a general election, except town, village, and school dis- 
trict officers and electors of the President and Vice-Presi- 
dent of the United States. Party conventions for naming 
candidates are no longer held in this State. In Presidential 
years delegates to the national convention of the party, 
which frames a platform and nominates candidates for 
President and Vice-President, are also chosen at a primary 
election. 

State Regulation of Parties. — The law of New York 
provides that every political organization casting a certain 
number of votes for governor (at present 15,000) shall be 
known as a political party. It also provides that the en- 
rollment of party voters shall take place under the direc- 
tion of the public inspectors of election, at the times and 
places provided for the registration of voters for the gen- 
eral elections, or (in places where personal registration is 
not required) at the time of voting in the election. Party 
primaries are also conducted under the direction of the 
same public inspectors. Such primaries are known as 
Official Primaries, to distinguish them from the unofficial 
primaries conducted by the regular party committees. 

Primary Days. — The ninth Tuesday before the gen- 



THE CONDUCT OF PUBLIC ELECTIONS. 229 

eral election in each year is called the Fall Primary Day. 
On this day all official primaries are held, except in Presi- 
dential years. In such years an additional primary, called 
the Spring Primary, is also held on the first Tuesday in 
April for the choice of delegates to conventions having to 
do with the nomination of President and Vice President. 
The hours of voting are from 7 a.m. (in the city of New 
York I P.M.) to 9 P.M. 

Filing the Nominations. — The party primary having 
chosen its candidates to be voted for by the people at the 
public election, their names must be filed with certain 
public officers designated by State law. If the nomina- 
tions are for offices to be filled by the voters of the entire 
State, such as governor or secretary of state, or by the 
voters of a division larger than a county, such as a Con- 
gressional District, the names of the candidates must be 
filed with the secretary of state. Nominations for offices 
to be filled by the voters of a county must be filed with the 
county clerk,^ of a city with the city clerk. Other local 
nominations may be filed with a town or a village clerk. 
Bodies of citizens not connected with any of the regular 
political parties may nominate candidates "by petition," 
as it is called. This is done by getting a certain number 
of voters to sign a paper naming a particular candidate. 

Registering the Voters. — For purposes of conducting 
public elections, the State is divided into election districts, 
each district having one polling place. In towns and vil- 
lages the election districts are few in number ; in large cities 

1 In certain counties only. In certain other counties a commissioner of 
elections takes the place of the clerk in carrying out the election law. In 
most of the counties there is instead a bipartisan board of elections consisting 
of two or four commissioners appointed by the board of supervisors. 



23© GOVERNMENT OF NEW YORK, 

they sometimes number hundreds. At every polling place, 
a certain number of days before election, officers known as 
the board of registry meet to register the qualified voters of 
the district. As already stated,^ every voter must be regis- 
tered before he can vote. No matter how well a voter may 
be otherwise qualified, if he fails to register he cannot vote. 
This is a rule adopted to prevent fraudulent voting. In the 
city of New York the registering is done on the six days 
of the fourth week before election. In other cities and in 
villages of the first class, the board of registry holds four 
meetings, and each voter must present himself personally 
to be registered. In country districts, and smaller vil- 
lages, but two meetings of the board of registry are held, 
and it is not always necessary that a voter be present 
personally to be registered. 

The Public Election.- — The General State Election is 
held annually, on the first Tuesday following the first Mon- 
day in November, and the polling places throughout the 
State must be open on that day from 6 a.m. to 6 p.m. for the 
reception of ballots. The election officers in each district 
consist of four inspectors of election, two poll clerks, and 
two ballot clerks — all divided equally between the two 
leading political parties. 

Official Ballots. — Official ballots numbering more than 
the registered voters are provided at each poUing place at 
public expense, and none but such ballots may be voted. 
The official ballot contains the names of all the candidates 
duly nominated and to be voted for by each political party, 
and by each body of citizens making independent nomina- 
tions. There are also blank spaces on the ballot in which 
any voter may write the name of any person for whom 

1 Chapter XII., "The Right to Vote." 



A CANDtDATE ON THIS SAtLOT MAKE A 



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E CANDIDATES FOB THAT OPFICB. 



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COMTTEOLLEE (Vote for one). 



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9 UNITED STATES SENATOE (Vote for one). 



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14. SEMATOE— Twenty -second Senate District 






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SPECIMEN BALLOT. 



231 



232 GOVERNMENT OF NEW YORK, 

he wishes to vote, if the name does not appear on the 
ballot. 

Marking the Ballots. — As each voter enters the polling 
place, his name is announced by the officials and he is given 
a ballot, which he takes into a voting booth. There in 
secret he marks his ballot, by making an ** X " mark before 
the name of each candidate for whom he wishes to vote. 
The names of the candidates for each office are printed in 
one group, arranged in order of the parties.^ 

Voting. — After the voter has marked his ballot, he folds 
it, with the names inside, so that no person can see for whom 
he has voted, comes out of the secret booth and hands the 
folded ballot to one of the election officers, who, if the vote 
is not challenged, deposits it in the ballot box. 

Any person's vote may be challenged by an inspector of the election, 
and must be challenged on the written request of any voter. When 
challenged, the person offering to vote is questioned, under oath, as to 
his qualifications as a voter, and if he swears (or affirms) that he has 
the requisite age, residence, citizenship, etc., his vote is received ; other- 
wise it must be rejected. 

This secret method of voting with official ballots supplied 
through public officers, at public expense, is called the 
Australian system, because it was first used in Australia. 
The secret vote gives every voter an opportunity to deposit 
a ballot for the persons of his choice without fear of in- 
timidation. It also tends to prevent bribery at elections. 

1 Before 1914 the ballots were arranged in party columns, as they are now 
arranged in some other States. If the voter wished to vote a ** straight party 
ticket," that is, for the candidates nominated by a single political party, he 
made an ** X " mark in a circle at the head of that party's column. If he 
wished to vote a " split ticket," that is, to divide his vote among the candi- 
dates of different parties, he made an " X " mark before the name of each 
candidate for whom he wished to vote. 



THE CONDUCT OF PUBLIC ELECTIONS. 233 

Counting the Ballots. — The votes are immediately, at the 
closing of the polls in each election district, pubUcly counted 
by the inspectors of election, and the result is filed with the 
county clerk. The supervisors of each county then meet as a 
board of county canvassers, to determine the results of the 
election, from the reports filed with the county clerk. The 
successful candidates for county offices receive certificates 
of election from the county clerk. The report of the can- 
vass of each county board, for State officers, and officers 
of districts larger than a county, is sent to a State board 
of canvassers, consisting of the secretary of state and other 
State officers. This State board is the final authority in 
^determining the results of the election.^ The successful 
candidates receive certificates of election from the secre- 
tary of state. The successful candidate for any office is 
the one who is found to have the greatest number of votes 
polled for the office. It is not necessary that he have a 
majority of the votes.^ The ballots are preserved for six 
months, so that they may be reexamined, on the order of 
a court, in case of a dispute. 

The Oath of Office — Provisions against Bribery. — 
Members of the State legislature and all State officers, 

^ With two exceptions : the courts may intervene to correct error or fraud, and 
each legislative body (assembly, senate, federal house of representatives) is the 
final authority as to election of its own members. All elections, even for repre- 
sentatives and presidential electors, are conducted under State law, and State 
officers are the final authority in determining the election of presidential electors. 

2 The candidate polling the most votes for a particular office is said to have 
a plurality of the votes cast. This is not necessarily a majority of the votes. 
A majority means more than half the votes cast for a particular office. In 
case of three candidates for the same office, if A had 5,000 votes, B, 10,000, 
C, 15,001, C would have a majority; but if C had instead 14,000 he would 
have only a plurality. Most other States, like New York, require only a 
plurality to elect. A very few require a majority vote for some offices. 



234 GOVERNMENT OF NEW YORK, 

executive and judicial, except inferior officers exempt by 
law, must, before they enter upon the duties of their offices, 
take, before a public officer authorized to receive an oath, an 
oath or affirmation to support the constitution of the United 
States and the State constitution, and faithfully to discharge 
the duties of their offices ; and each must, in addition, 
solemnly swear (or affirm) that he has not directly or 
indirectly paid, offered or promised to pay, contributed, or 
offered, or promised to contribute, any money or other 
valuable thing as a consideration or reward for the giving 
or withholding of a vote, at the election at vv^hich he was 
chosen ; and that he has not made any promise to influence 
the giving or withholding of any vote.^ Any officeholder 
who receives anything of value for performing or omitting 
to perform any official duty, is guilty of a felony ; and any 
person who promises or offers a bribe to an officeholder for 
such a purpose, is guilty of a felony.^ A person who offers 
or accepts a bribe for the giving or withholding of a vote 
at an election forfeits his right to vote at that election. The 
crime of bribery is peculiarly vicious, in that it strikes at 
the very foundation of self-government. 

Corrupt Practices Act. — Candidates and parties may 
incur legitimate expenses, as for traveling expenses, tele- 
graph and messenger service, the distribution of circulars, 
the holding of public meetings. The party's campaign fund 
is derived from voluntary contributions, which ought to be 
made only for patriotic reasons. In former times, however, 
large sums have been corruptly raised and corruptly spent 
in swaying elections. To check this evil, the law^ now 

^ New York State Constitution, Article XIII., Section I. 

*^ New York State Constitution, Article XIII., Sections 2 and 3. 

3 Sections 540 to 561 of the Election Law. 



THE CON-DUCT OF PUBLIC ELECTIONS. 235 

applies the remedy of publicity by requiring that all candi- 
dates, in either primary or regular elections, shall make 
statements of their election expenses ; and that the treas- 
urer of each political committee shall likewise make a 
statement of campaign receipts and expenditures. These 
statements are filed with the secretary of state and are 
open to public inspection. 

Time of Elections. — As we have already learned (pp. 1 5, 
36, 47, 204), local elections are to a large extent held on dif- 
ferent days from the State and national elections, in order 
that local questions may not be dominated by party politics. 
In the general elections, United States senators, represent- 
atives, presidential electors. State executive officers and 
State senators are chosen in even-numbered years ; judges 
of the State courts, assemblymen, and county officers, in 
either even- or odd-numbered years. 

Reforms. — Various measures of reform have long been 
urged by many people in connection with elections : 

The Massachusetts Ballot,— In the Massachusetts ballot 
the names of candidates appear in alphabetical order under 
the name of each office, and it is necessary for the voter 
to mark a separate X for each person voted for. This 
makes the voter consider the candidates separately and 
encourages split tickets. 

The Short Ballot. — On the other hand, the advocates of 
the short ballot say that voters cannot give adequate con- 
sideration to so many candidates. They propose to reduce 
the number of elective offices, making more officers ap- 
pointive, and concentrating power and responsibility in 
fewer hands. 

The Voting Machine. — Voting machines are complicated 
and expensive, but work rapidly, so that fewer election dis- 



236 GOVERNMENT OF NEW YORK. 

tricts and fewer election oflficials are necessary. Moreover, 
they make ballot-box frauds impossible and show the result 
of the election as soon as the voting is ended. Their use 
in this State is permitted by law, and they have been in- 
troduced in some parts of the State. 

Direct Primaries. — There is a growing feeling that most 
if not all nominations for public office should be made at 
the primaries. Such a system, known as the ** Direct Pri- 
mary/' is in use in a number of States. It is designed to 
take nominations out of the hands of the political '*boss'' 
and put them into the hands of the people. In 1914 a 
Direct Primary law went into operation in New York 
State. 

SUMMARY. 

A candidate for public office must usually win a nomina- 
tion from a political party before he can win an election at 
the polls ; for this reason the State regulates by law the 
conduct of political parties, which are organized along the 
lines of the different political divisions — State and local. 

Nominations for public office are made in direct pri- 
maries, the names of the nominees filed with the public 
election officials and placed upon an official ballot, which is 
given to every qualified voter at the polls on election day. 

The State is divided into election districts, each having 
its own polling place and its own local election officials. 

Voting is done in secret and the votes are publicly counted 
by the election officials of each district, and the result filed 
with the county clerk. 

The boards of supervisors, acting as boards of county can- 
vassers, canvass the results of the election in the several 
counties, and report to the State board of canvassers, which 



THE CONDUCT OF PUBLIC ELECTIONS. 237 

is the final authority in determining the results of a general 
election. 

SUGGESTIVE QUESTIONS. 

What is an official ballot ? What must it contain ? 

What is a political party under the laws of New York ? 

What is a primary ? How does it differ from a nominat- 
ing convention ? Who are entitled to attend and take part 
in a primary ? Describe briefly the manner of enrolling 
party voters in this State. 

With whom must nominations for a State office be filed ? 
A county office ? For member of the house of representa- 
tives ? What is meant by an independent nomination ? 
What feature of the official ballot gives a voter absolute free- 
dom in expressing his choice for the occupant of any par- 
ticular office ? 

How may a legal voter lose his right to vote at a particu- 
lar election? 

Name the election officers required in each election dis- 
trict. 

Explain the terms " plurality " and '* majority." 

Give the substance of the oath of office required of State 
officials. 

In which congressional district do you live ? In which 
judicial district? senatorial district? assembly district? 
county? school district? If in a city, what is the number 
of your ward or aldermanic district ? 

What are the arguments for and against direct primaries ? 
the use of voting machines ? the Massachusetts ballot ? the 
short ballot ? 



CHAPTER XXI. 
The State and the United States. 

Up to this time we have been speaking of New York as an 
independent political unit, doing its own public work, through 
the State and local governments which its people have created. 
We shall now speak of New York as a part of the United 
States — the great national state ^ of which New York is one 
of forty-eight local States or commonwealths. How did New 
York become a part of the independent nation known as the 
United States ? To answer this question we must go back to 
the time when the people of thirteen British colonies, lying 
between the Appalachian Mountains and the Atlantic Ocean 
— weak in men and arms, but strong in their sense of justice 
and personal freedom — were struggling with Parliament and 
king for their constitutional rights as Englishmen. 

Taxation Without Consent. — The war of the American 
revolution, as everybody knows, was fought mainly over the 
question of the right of Parliament to tax the people of the 
colonies without their consent. For hundreds of years 

' The word ** state " is here used in its general sense, and means the whole 
body of people united under a single government, whatever its form. Thus 
we may speak of the " British state " or the " French state," meaning the 
people of Great Britain or the people of France united under their respective 
governments. " The state," says Professor Burgess in his Political Science 
and Constitutional Law^ ** is a particular portion of mankind viewed as an 
organized unit." In this sense the United States is tlie " state " while the 
word " State," as applied to local commonwealths like New York, Massa- 
chusetts, etc., is to be taken in a special and limited sense, and as applying 
only to divisions of the real state. 
238 



THE STATE AND THE UNITED STAlhS. 239 

before the Revolutionary War, it had been the constitutional 
right of Englishmen to pay taxes levied only by the consent 
of their chosen representatives. When, in 121 5, King John 
signed the great charter, he agreed to levy no new taxes 
except by consent of the representatives of the English peo- 
pie in the " general council of the kingdom." When, fifty 
years later. Earl Simon de Montfort summoned the first 
English House of Commons in opposition to the unjust rule 
of Henry III., this body announced as one of its leading 
principles that the people can be taxed only by consent of 
their lavi^fully chosen representatives. In 1297 King Edward 
I., formally renounced, by act of Parliament,^ the right to 
tax the English people except by consent of their parHa- 
mentary representatives. Almost from the beginning of the 
English settlements in America, each colony had its own 
representative assembly, chosen by its own people, which 
alone had the right to levy the provincial taxes. Hence 
when George III. tried to impose, through the Stamp Act, a 
tax on the internal commerce of the colonies without the 
assent of the colonists, it seemed to them to be an act of 
intolerable tyranny. 

Beginnings of Colonial Union — The Stamp Act Con- 
gress. — The Massachusetts assembly took the first impor- 
tant step against this attempt at unlawful taxation, by invit- 
ing the different colonial assemblies to send delegates to a gen- 
eral convention in opposition to the Stamp Act. The invita- 
tion was accepted, and representatives from nine colonies 
met October 7, 1765, in the New York city hall, in what has 

' This was the Statutum de Tallagie, by which the right of arbitrarily tax- 
ing the citizens and burgesses was reliiiquished in these words : " No tallage 
or aid shall be taken or levied by us or our heirs, in our realm, without the 
good will and assent of the archbishops, earls, barons, knights, burgesses and 
other freemen of the land." 



240 GOVERNMENT OF THE NATION. 

since been known as the Stamp Act Congress. This Con- 
gress or meeting drew up a memorial to Parhament, a peti- 
tion to the king, and a declaration of rights, in which it was 
asserted that the people of the colonies " are entitled to all 
the inherent rights and liberties of the king's natural born 
subjects within the kingdom of Great Britain ; that it is in- 
separably essential to the freedom of a people and the un- 
doubted right of Englishmen, that no taxes be imposed 
upon them, but by their consent, given personally, or by 
their representatives " ; and that ** the only representatives of 
the people of these colonies are persons chosen by themselves 
therein " / and ** that no taxes ever have been, or can be 
constitutionally imposed upon them, but by their respective 
legislatures." Every patriotic young American knows how 
Parliament, frightened into the repeal of the Stamp Act, 
§till insisted upon levying an impost duty on tea; of the 
struggle which followed the attempt to force this taxed tea 
upon the people ; of the Boston "• tea party " ; of the closing 
of the port of Boston, and the taking away of the chartered 
liberties of Massachusetts.^ 

The First Continental Congress. — The people of all the 
colonies smarted under the wrongs inflicted on Massa- 
chusetts ; for they saw in them danger not only to Massa- 
chusetts, but to the liberty of every British subject on this 
side of the Atlantic. Everywhere, throughout the colonies, 
there flamicd out a sentiment in favor of resistance. The 
result was the calling of the First Continental Congress. It 
met at Philadelphia, September, 1774, every colony except 

> Parliament took from the selectmen of the Massachusetts towns the 
power to summon juries, and gave this power to sheriffs appointed by the 
king. Town meetings were prohibited, and judges, justices of the peace, and 
other officers formerly elected by the people, were appointed by the king or 
by his representative. 



THE STATE AND THE UNITED STATES. 241 

Georgia being represented by delegates chosen by its pro- 
vincial assembly. The Continental Congress had no power 
to make laws, but it prepared a general plan for commercial 
nonintercourse with Great Britain, drew up a declaration of 
rights and a petition to Parliament and to the king in which 
it asked that English subjects on this side of the Atlantic 
be given " equal freedom " with Englishmen everywhere. 

The Second Continental Congress. — Meanwhile British 
troops assembled at Boston, set out on their memorable ex- 
pedition to destroy the military stores gathered by the 
Massachusetts patriots at Concord. On the morning of 
April 19, 1775, there was fired at the north bridge " the shot 
heard round the world/' A few days later the Second 
Continental Congress, composed of delegates, chosen 
principally by conventions of the people in the different 
provinces, though some were still sent by the provincial as- 
semblies, met at Philadelphia. This Congress at once as- 
sumed charge of the common war against Great Britain ; 
began the enrollment of troops for the colonies ; assigned 
quotas of men and money to be raised by the different 
colonies ; and appointed George Washington commander in 
chief of the colonial forces, — henceforth known as the Con- 
tinental Army. To these revolutionary acts the people of 
the several colonies generally assented. 

The Government of the United States Begins in the 
Continental Congress. — From the time that the Continental 
Congress assumed the right to manage the common cause 
of the colonies, it is safe to say that our existence as a na- 
tion began ; ^ and the separate colonies, which had before 

* " This (the Continental Congress) was the first organization of the 
American state. From the moment of its existence there was something 
more on this side of the Atlantic than thirteen local governments. There 



242 



GOVERNMENT OF THE NATION. 



been subject to Great Britain, now became voluntarily sub- 
ject to their representatives in the Continental Congress. 
The authority of Congress did not however rest upon any 
definite grant of power by the colonies. It was assumed by 
Congress and acquiesced in by the people. Congress 
planned and recommended, and its plans and recommenda- 
tions were voluntarily carried out, under the stress of v/ar, 
by provincial congresses chosen by the people of the differ- 
ent colonies. 

The Declaration of Independence. — Sentiment for union 
among the colonies and in favor of separation from Great 
Britain now became almost universal. On May lo, 1776, 
the Continental Congress, sitting at Philadelphia, '' rec- 
ommended that the several assemblies and conventions 
of the United States Colonies " adopt in each colony " such 
a government as shall in the opinion of the representatives 
of the people best conduce to the happiness and safety of 
their constituents in particular, and America in general." 
In plain words, this was a recommendation that each colony 
organize its own government independent of Great Britain. 
On July 4, 1776, the Continental Congress acting ** as the 
representatives of the United States of America,"^ adopted 
the Declaration of Independence, which formally separated 
the colonies from Great Britain. In this declaration, it was 
asserted that ** these United Colonies are, and of right 
ought to be, free and independent states ; that they are ab- 
solved from all allegiance to the British Crown,'' •* and that 

was a sovereignty, a state ; not an idea simply on paper, but in fact and in 
organization. The revolution was an accomplished fact before the Declara- 
tion of 1776, and so was independence," — Burgess, Political Science and 
Constitutional Law. 
* Heading of the Declaration of Independence, 



THE STATE AND THE UNITED STATES. 243 

as free and independent states they have full power to levy 
war, conclude peace, contract alliances, establish commerce 
and do all other acts and things which independent states 
may of right do." Such was the formal birth of the nation, 
of which New York is now one of the local commonwealths 
or States. 

The Articles of Confederation. — ^Thus far the authority 
of the Continental Congress, which had put forth the Declara- 
tion of Independence, raised armies, laid taxes, and con- 
tracted a common debt for the colonies to carry on their 
common war, had been an authority of undefined powers, 
voluntarily submitted to by the people of the colonies act- 
ing through the several provincial congresses, or legisla- 
tures, which they had chosen. The people now saw the 
need of a central government with definitely granted 
authority and specifically defined powers. Congress had 
previously appointed a committee from among its members 
to draw up such a plan of government. This plan was re- 
ported by the committee, eight days after the adoption by 
Congress of the Declaration of Independence. It was de- 
bated by Congress and adopted November 15, 1777, in the 
form of " Articles of Confederation and Perpetual Union 
Between the States of New Hampshire, Massachusetts Bay, 
Rhole Island and Providence Plantations, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
ginia, North Carolina, South Carolina and Georgia." The 
Articles of Confederation, thus adopted, were submitted to 
the legislatures of the thirteen States, each legislature being 
advised to authorize its delegates in the Continental Con- 
gress to ratify or agree to the articles for the State. The 
ratification of the last State — Maryland — was secured March 
I, 1781. 



244 GOVERNMENT OF THE NATION. 

Government Under the Articles of Confederation.— 

The ratification of the Articles of Confederation made the 
United States a nation in law, as well as in fact. Under 
these articles the United States occupied a position with 
reference to the several States, somewhat like that which 
Great Britain had occupied towards the several colonies. 
The articles affirmed that each State retained " its sov- 
ereignty, freedom and independence and every power 
jurisdiction and right," "not by this confederation espe- 
cially delegated to the United States in Congress assembled." 
They also declared that the States ** hereby severally enter 
into a firm league of friendship with each other for their 
common defence, the security of their liberties and their 
mutual and general welfare, binding themselves to assist each 
other against all force offered to, or attacks made upon them, 
or any of them." This was the form of government known 
as a confederacy, or union of States, rather than a govern- 
ment set up by the people of a single Federal state.^ 

Congress the Central Government of the Confedera- 
tion. — Congress was the government of the United States 
under the Articles of Confederation, as it had been before 
the adoption of these articles. It was composed of from 
two to seven delegates from each State chosen annually by 

J Professor Burgess in Political Science and Constitutional Lawy thus dis- 
tinguishes a confederacy from a federal form of government like that of the 
United States to-day : " Confederate government is the form in Vi^hich, as to 
territory and population, the state (nation) is coextensive in its organization 
with the organization of the local government. Federal government is the 
form in which, as to territory and population, the state (nation) is coexten- 
sive in its organization with the organization of the general government. In 
a confederate system there are several States, an equal number of local 
governments and one central government. In the federal system we have 
one state, one central government and several local governments." 



THE STATE AND THE UNITED STATES. 245 

its legislature. Each State had a single vote in Congress, 
no matter how many delegates it sent. Each paid the ex- 
penses of its own delegates, and a State might at any time 
recall a delegate and send another in his place. The articles 
gave Congress power to regulate and control the foreign 
relations of the several States and of the United States ; 
and the control of the army and navy of the United States ; 
and no State could maintain an army or navy without the 
consent of Congress. Congress had charge of the national 
finances ; determined the value of coin and the standard of 
weights and measures ; and was the last resort in all dis- 
putes between the States. There were no separate depart- 
ments in the new government, but all powers, legislative, 
executive and judiciary, were exercised by Congress which 
met as a single house. The executive work of Congress 
was conducted chiefly by a committee of one member from 
each State known as the " Committee of States." 

Weakness of Government Under the Confederation. — 
In the form of national government prescribed by the 
Articles of Confederation, there were many weaknesses and 
defects, which finally resulted in its entire overthrow, and 
the adoption of a new form of government under the 
present Constitution of the United States. The main defect 
was the inability of Congress to enforce any of its own 
acts, against the wishes or indifference of individual States. 
Congress " could ask the States for money but could not 
compel them to give it ; it could ask them for troops but 
could not force them to heed the requisition; it could 
make treaties with foreign nations, but must trust the States 
to fulfill them ; it could contract debts but must rely upon 
the States to pay them." ^ It could not compel the States 

> The State, Woodrow Wilson. 



246 GOVERNMENT OF THE NATION. 

to abide by its decision in disputes among themselves. In 
short, the government of the United States lacked executive 
power. Foreign nations would not enter into treaties with 
the United States because the government could not compel 
the States to observe those treaties. Finally the vital 
power to levy and collect taxes was wholly lacking, except 
as the Articles of Confederation gave Congress power to 
*' ascertain the necessary sums of money to be raised for the 
service of the United States," ^ and power to apportion the 
rate of proportion to be paid by each State. The taxes 
themselves were to be ** laid and levied by the authority 
and direction of the legislatures of the several States." ^ If 
a State legislature neglected or refused to act, Congress 
could not collect a dollar from the State. 

Need of a Stronger National Government Recog- 
nized. — The central government struggled for six years 
against the burden of weakness imposed by the insufficient 
executive power granted to Congress, gathering a constantly 
increasing harvest of disrespect at home and contempt 
abroad. Year after year States failed to pay their propor- 
tion of the national taxes apportioned by Congress. Paper 
money issued by the national government became almost 
worthless, and Congress with great difficulty borrowed 
money from France, Holland, and Spain, to pay the running 
expenses of the government. Commerce fell into decay. 
Different States enacted burdensome tariff laws against the 
products of neighboring States. Some States, to save ex- 
pense, neglected to send delegates to Congress. Unpaid 
soldiers of the continental forces mutinied, and insulted 
Congress at its very doors. Rebellious outbreaks occurred 

' Articles of Confederation, Article IX. 
• Articles of Confederation, Article VIIL 



THE STATE AND THE UNITED STATES. 247 

111 a number of States. Spain threatened to make trouble 
over the navigation of the Mississippi, and Great Britain, 
although the w^ar of the revolution had ended, refused to 
withdraw^ her troops from our western borders. The coun- 
try became rapidly convinced of the need of a stronger 
national government. 

Call for a Convention to Frame a New National 
Government. — In 1786, delegates from five States met in 
convention at AnnapoHs, Md., to discuss the regulation of 
commerce among the different States. Members of this 
meeting proposed a convention of delegates from all the 
States, •* to take into consideration the situation of the United 
States, to devise such further provisions as shall appear to 
them necessary to render the constitution of the Federal 
government adequate to the exigencies of the Union, and to 
report such an act for that purpose to the United States in 
Congress assembled." This proposition was sent to the 
legislatures of all the States. It was also sent to Congress, 
which approved the calling of the convention. 

The Constitutional Convention. — Delegates to the pro- 
posed convention were chosen by the legislatures of all the 
States except Rhode Island, and it met in May, 1787, at 
Philadelphia. It was composed of fifty-five delegates, among 
them being the most distinguished men of the country. 
Washington was chosen president of the convention, which 
sat with closed doors and debated all questions in secret. 
Each State, as in the Continental Congress, had a single 
vote. 

Three Great Compromises. — How may the national 
government be made strong enough, without, at the same 
time, infringing the rights of the States and the liberties ot 
the people } This was the question that at once confronted 



248 GOVERNMENT OF THE NATION. 

the convention. All agreed that Congress, the central 
lawmaking body, should be continued ; but a radical differ- 
ence of opinion arose as to how the States should be rep- 
resented in Congress. The larger and more populous 
States, as Virginia and Massachusetts, declared that each 
State should be represented in proportion to its popula- 
tion; but the smaller States, like New Jersey and Con- 
necticut, demanded equal representation. It was finally 
agreed that Congress should be composed of two houses, a 
Senate and a House of Representatives ; that each State 
should be equally represented in the senate, but repre- 
sented in proportion to its population in the house. 

A difference of opinion then arose between the Northern 
and the Southern States as to whether negro slaves should 
be counted in reckoning population to determine a State's 
representation in the house. The convention finally de- 
decided that five slaves should be counted as equal to three 
citizens for purposes of representation. 

A third point of dispute arose between the New Eng- 
land commercial States and the Southern planting States. 
Shall Congress have the power by a simple majority vote 
to pass laws regulating trade.? "Yes,'* said the North; 
** No," said the South, " not unless our right to import 
slaves remains untouched." The dispute was settled by 
a third compromise, in which it was agreed that Congress 
may, by a majority vote, regulate trade, and that the im- 
portation of slaves should not be prohibited until after 1808. 

The convention proceeded to draft the present con- 
stitution of the United States, placing in it an article ^ to the 
effect that when conventions of the people in nine States 
should agree to the proposed new constitution, it should be- 

1 United States Constitution, Article VII. 



THE STATE AND THE UNITED STATES. 249 

come binding law for those States. The convention then 
sent the proposed constitution to the Continental Congress, 
advising that body to agree to it, and to send it unamended 
to conventions to be called in the different States for its 
ratification. 

The Constitution Ratified by State Conventions. — A 
convention chosen by the voters of Delaware was the first 
to agree to the proposed constitution, as recommended by 
Congress and by the national constitutional convention. 
This was soon followed by the ratification of the constitution 
by the convention in Pennsylvania. By June, 1788, conven- 
tions chosen in nine States had formally ratified the new con- 
stitution. By August two more States had agreed to it, and 
Congress, in September, 1788, appointed the first Wednes- 
day of the following February, as the time for the election 
of a president and vice president of the United States under 
the new constitution.^ It also appointed the first Wednes- 
day in March (March 4, 1789), as the time for the organ- 
ization of the new government of the United States. The 
authority of the old Continental Congress, authorized by the 
Articles of Confederation, then ceased. On March 4, the 
Congress of the United States under the new constitution, 
assembled in New York, and on April 30, George Washing- 
ton was formally inaugurated as the first President of the 
United States. Such was the birth of the United States of 
America under the constitution now in force. 

SUMMARY. 

New York is one of the many local commonwealths or 
States in the national state known as the United States. 

1 Rhode Island and North Carolina did not ratify the Constitution until the 
year after the new government of the United States went into effect. 



250 GOVERNMENT OF THE NATION, 

The government of the United States began in the Con- 
tinental Congress, whose acts were acquiesced in, and whose 
recommendations were voluntarily carried out by the thir- 
teen colonies, under stress of war during the American 
Revolution. 

The Declaration of Independence formally separated the 
American colonies from Great Britain; and the adoption of 
the Articles of Confederation made the United States a 
nation in law, as well as in fact. 

Under the Articles of Confederation, Congress was the 
government of the United States. Congress consisted of a 
single legislative body, in which each State had one vote. 
There were no separate executive and judiciary departments 
in the national government. 

The chief fault of government under the Articles of Con- 
federation was the inability of Congress to collect taxes and 
enforce any laws of the United States. Congress could only 
recommend and advise, leaving its wishes to be carried out 
by the separate State governments. 

The need of a stronger national government resulted in 
the calling of the constitutional convention of 1787, which 
framed the present constitution of the United States. The 
constitution was submitted to conventions of the people in 
the several States, with the understanding that, when rati- 
fied by nine States, it should become the legal basis of a 
national government for those States. 

SUGGESTIVE QUESTIONS. 

What is the meaning of the word ** state " as applied to 
New York ? As applied to the United States ? 

What functions did the so-called " Provincial Congresses " 
perform during the Revolutionary War? 



THE STATE AND THE UNITED STATES, 251 

When may the actual government of the United States be 
said to have begun? Was this government voluntary or 
compulsory so far as the individual States were concerned ? 
What formal document made the United States a govern- 
ment in law, as well as in fact ? 

Describe generally the powers of Congress under the Ar- 
ticles of Confederation. How were the States represented 
in Congress? What was their relative power one to an- 
other in that body ? 

What is the difference between a confederation and a 
federal state ? Which of these terms now applies to the 
United States? 

Describe generally, the weakness of the government of 
the United States under the Articles of Confederation. 

Give in detail the steps leading up to the calling of the 
constitutional convention of 1787. How were delegates to 
that convention chosen ? What were the relative powers 
of the States in the convention ? What part had the people 
of the United States in the ratification of the constitution 
framed by this convention ? When and where did the 
government of the United States under the present consti- 
tution begin ? 

ADDITIONAL READING. 

For an account of government under the Articles of Confederation, 
and the growth of the idea of the need of a stronger national govern- 
ment, with an account of events leading up to the adoption of the 
present constitution of the United States, see Hildreth's History of the 
United States, Volume III., Chapters XLIV. to XLVIII. See in the 
same connection Schouler's Constitutional Studies t Part II., Chapters 
in. and IV., " Articles of Confederation," and "The Federal Con- 
stitution: Its Nature and Establishment." 



CHAPTER XXII. 
The United States, the States, and the People. 

Let us look at the government established by the 
constitution of the United States, and at the rights and 
duties of the national government, of the States, and of the 
people, under that constitution. 

The United States a Nation. — First, the United States 
is, under the present constitution, one indivisible national 
state ^ and not a league of States with a central national 
government, as under the old Articles of Confederation. 
The difference may be shown by a comparison. 

A Comparison. — Under the Articles of Confederation, 
Congress — then constituting the government of the United 
States — dealt almost exclusively with the governments of 
the several States. Under the present constitution the gov- 
ernment of the United States deals chiefly with the people of 
the United States^ and but little with the governments of 
the several States. Under the Articles of Confederation, if 
Congress wanted money, it applied to the governments of 
the several States. Now, the government of the United 
States collects taxes directly from the people by its own 
revenue officers located in every State. Under the Articles 
of Confederation members of Congress were elected by 
State legislatures ; when they voted the members from each 

^ " The state is a particular portion of mankind viewed as an organized 
unit." — Burgess, Political Science and Constitutional Law, 
252 



THE STATES, AND THE PEOPLE. 253 

State voted as a unit, casting a single hsXlot for their State. 
Under the present constitution senators and representa- 
tives in the Congress of the United States are chosen by 
direct vote of the people, and all vote in Congress as in- 
dividuals. Under the Articles of Confederation each State 
admitted foreigners to citizenship. To-day the government 
of the United States alone admits foreigners to citizenship/ 
The Articles of Confederation were adopted by the legisla- 
tures of the several States. The present constitution, ac- 
cording to its own preamble, is the work of <• the people of 
the United States '' adopted " to form a more perfect union." 
Finally, as still further showing the oneness of the United 
States under the present constitution, all members of the 
several State legislatures, and all executive and judicial of- 
ficers of the States, must on taking office, swear or affirm 
that they will support the constitution of the United States.^ 
The United States a Permanent and Indissoluble Union, 
— ^It was held by some, after the adoption of the present 
constitution, and down to the time of the Civil War of 
1 861-5, that a State had a legal right to withdraw from the 
Union established by the constitution, if its people saw fit. 
Eleven States, we know, did attempt to secede from the 
Union at the time of the civil war. They recalled their rep- 
resentatives in the United States Congress, and tried to set 
up a government known as the " Confederate States of 
America." A majority of the people of the United States 
did not believe, however, in this right of a State to with- 
draw from the Union ; and the so-called Confederate States, 
as a result of the Civil War, were forced back into the United 

^ See United States Constitution, XlVth Amendment; also Chapter XII., 
"The Right to Vote." 

2 United States Constitution, Article VI., Section 3. 



254 



GOVERNMENT OF THE NATION. 



States. Indeed, it is claimed that these States were never 
legally out of the Union. 

The People and the Government. — In studying the gov- 
ernment established by the constitution of the United 
States, v^e must keep in mind: i. That the real United 
States consists of the people of the United States united for 
purposes of government. The people thus constituted are 
the real national state, as the people of New York, united 
for purposes of government, are the real New York State. 
2. That the people, in adopting the constitution, laid down 
in outUne the framework and machinery of a national gov- 
ernment known as the government of the United States, 
which is superior for certain purposes to the governments 
of the several States. 3. That back of the constitution, 
back of the national government which the constitution 
establishes, and back of the governments of the several 
States, stand the people of the United States — the organized 
political unit, the national state. The people thus con- 
stituted are the supreme law-making power. The people 
may change their constitution and form of government as 
they see fit, having always due regard to the legal forms 
under which they have ordained that such changes shall be 
made. 

The Constitution the Supreme Law. — The fundamental 
law of the United States is laid down by the people in the 
written constitution of the United States and in its amend- 
ments. The constitution "and the laws of the United 
States made in pursuance thereof" are the supreme law of 
the land.^ All statutes passed by the Congress of the 
United States or by any State legislature, must be in accord 
with the constitution of the United States; and anything in 

J United States Constitution, Article VI., Section 2. 



THE STATES, AND THE PEOPLE. 255 

the constitution or statutes of any State not in accord with 
the constitution, laws and treaties of the United States ia 
void and of no effect. 

State Governments Independent of the National Gov- 
ernment for State Purposes. — But while the constitution 
and laws of the United States are the supreme law of the 
land, we must not fall into the error of regarding the 
authority of the several State governments as derived 
primarily from the constitution. Neither must we think 
that the State governments depend in any way for their 
existence upon the will of the national government. On 
the contrary, the State governments existed before our pres- 
ent constitution and national government, and their author- 
ity, like the authority of the government of the United 
States, comes from the people alone. 

Division of the Powers of Government. — Under the 
constitution of the United States the people have divided 
the powers of government into : 

1. Powers to be exercised by the governrnent of the 
United States ; 

2. Powers to be exercised by the governments of the 
several States ; 

3. Powers to be exercised by none of these govern- 
ments, but reserved to the people. 

The Government of the United States One of Specific- 
ally Given Powers. — The tenth amendment to the con- 
stitution of the United States declares '' that the powers not 
delegated to the United States by the constitution, nor pro- 
hibited by it to the States, are reserved to the States 
respectively or to the people." This makes the govern- 
ment of the United States one of powers specifically given 
to It by the constitution, and leaves all other powers to the 



256 GOVERNMENT OF THE NATION. 

States or to the people. Hence, should the question arise, 
** Does a power belong to the government of the United 
States ? " the answer is, " Yes, if the constitution gives it to 
the United States ; no, if the constitution does not give it to 
the United States/' 

Concurrent Powers. — ^The constitution permits certain 
powers, such as the right of taxation, to be exercised both by 
the government of the United States and by the governments 
of the several States. Such powers are known as ** con- 
current powers." Should at any time a conflict of authority 
arise between the United States and a State, over the ex- 
ercise of a so-called concurrent power, the State must yield 
to the government of the United States.^ 

Prohibited Powers. — Finally, the people, through the 
constitution, have prohibited both the government of the 
United States and the governments of the several States 
from exercising certain specified powers. These prohibited 
powers are reserved in the people, and cannot be exercised 
by government unless the constitution is changed. 

Powers Exercised by the Government of the United 
States. — Certain powers are exercised by the government 
of the United States only. These are ** powers that relate 
to the conduct of the foreign relations of the country and 
to such common national purposes as the army and navy, 
internal commerce, weights and measures, and the post 
office, with provisions for the management of the ma- 
chinery " ** charged with these purposes."^ Other powers, as 
we have seen, may be exercised both by the government of 
the United States and by the States. Among these latter 
are the power to make laws on certain specified subjects, 

' 139 United States Reports, p. 240; 158 United States Reports, p. 98. 
3 Bryce, American Commonwealth, 



THE STATES, AND THE PEOPLE. 257 

such as bankruptcy, and the power to tax. The rule in the 
exercise of such concurrent powers is, that State laws take 
effect only when the United States has made no law upon 
the particular subject. 

Control of Foreign Relations. — The government of the 
United States has entire control over our relations with the 
people and governments of foreign nations. Thus United 
States tariff laws tax goods brought into this country; 
while the United States senate, in conjunction with the 
president, may make agreements to admit free, or at a low 
rate of duty, the products of foreign nations that freely ad- 
mit the products of the United States. Such an agreement 
is called a " Reciprocity Treaty." The government of the 
United States naturalizes foreigners, and admits them to 
citizenship ; prohibits undesirable immigrants, such as 
anarchists, paupers, and criminals, from entering our terri- 
tory; sends ambassadors, ministers, and consuls, to repre- 
sent the United States before foreign governments ; and 
receives similar officials sent to us. No State may hold 
any official intercourse with the government of a foreign 
nation. 

Control on the High Seas. — As the government of the 
United States controls our foreign relations, so it controls 
citizens of the United States when on the high seas or on the 
tidewaters of the United States. Generally speaking the so- 
called " high seas " are the great body of ocean waters lying 
outside of a line drawn a marine league (about three miles) 
from the shore. Each nation controls the water within a 
marine league of the shore, as it controls its land. Outside 
this line no nation has exclusive control, except over its own 
citizens. The constitution gives Congress power to define 
and punish piracies and felonies and offenses against the law 



258 GOVERNMENT OF THE NATION. 

of nations, when committed on the high seas by citizens of 
the United States.^ 

War Powers. — The Congress of the United States may 
declare war, and the president in conjunction with the 
senate, may make treaties of peace. But war cannot be 
carried on or peace guaranteed without the strong arm of 
the soldier and sailor. So the constitution gives Congress 
power to " raise and support armies," to " provide and main- 
tain a navy," and to make rules for their government. Con- 
gress may also authorize private persons to fit out so-called 
" privateers," or fighting vessels to prey upon the commerce 
of an enemy of the United States. This is described in the 
constitution as "granting letters of marque and reprisal."^ 
The word ** marque " comes from the French, and means 
literally, the visible sign or mark of the government which 
gives a privateer authority to make captures. Without this 
" marque," or sign of authority, a private fighting vessel 
is a pirate, and at the mercy of the armed vessels of every 
nation. 

Power Over the Militia.' — Besides its power to raise and 
support armies, Congress " may provide for arming and 
disciplining the militia." The militia is composed generally 
of all able-bodied men between eighteen and forty-five years 
of age in the several States. The militia may be called out 
by Congress "to execute the laws of the United States, sup- 
press insurrections, and repel invasions." When in the 
service of the United States the militia, like the regular 

> See United States Constitution, Article I., Section 8. ** The United 
States has no control over any criminal act committed upon a foreign ship bj 
the subjects of a foreign nation when on the high seas."^Schouler, 

2 See United States Constitution, Article I., Section 8. 

^ United States Constitution, Article I., Sections 8, lO, 



THE STATES, AND THE PEOPLE. 259 

army and navy, is under the direction of the president. No 
State may make peace or declare war, but each State may 
organize, drill, and officer its own militia *' according to rules 
prescribed by Congress,'* and a State may use its militia to 
preserve peace within its borders. 

Power to Tax. — The United States Congress has power 
to 'May and collect taxes, duties, imposts, and excises, to 
\i. e.y in order to] pay the debts and provide for the common 
defense and general welfare of the United States/' United 
States duties on imports are now collected under so-called 
tariff laws at United States customhouses on goods imported 
to this country. . United States excise taxes — that is, taxes 
on articles produced in this country- — are collected as so- 
called ** Internal Revenue." For the collection of internal 
revenue, the United States is divided into districts, each 
under its own collector.^ Duties, imposts, and excises are 
'' indirect taxes." Congress may also collect '' direct taxes " 
on persons, and on the value of their property or their in- 
comes. But direct taxes must be apportioned among the 
States in proportion to their population ; except that the 
sixteenth amendment permits Congress to tax incomes 
regardless of this restriction. Congress may lay no taxes 
on goods exported from any State ; and, finally, " all 
duties, imposts, and excises'' must be ''uniform through- 
out the United States." 

Power to Borrow Money. — Should the money raised by 
taxation be insufficient for the needs of the government, 
Congress is given power ** to borrow money on the credit of 
the United States." ^ This is usually done by selling bonds 
of the United States. A bond is a proniise to pay a certain 

^ See Chapter XIX., "The Assessment and Collection of Taxes." 
2 United States Constitution, Article I., Section 8. 



26o GOVERNMENT OF THE NATION 

definite sum at a future date with a fixed rate of interest 
United States bonds are advertised and sold in the open 
market. They are readily purchased by our own citizens, 
and by foreigners, who v/ish a safe investment and a sure 
income from their surplus money. 

Power to Regulate Commerce. — We have seen that 
Congress may regulate our commerce with foreign countries 
by tariff laws and reciprocity treaties. The government of 
the United States may go even further, and entirely prohibit 
our commerce with a foreign nation, as was done under the 
so-called Embargo Act preceding the War of 1812. Under 
its power to regulate commerce, and its further power to 
control our citizens on the high seas, Congress has enacted 
a great body of navigation laws,^ which regulate the conduct 
of American ships and sailors ; and under which lighthouses, 
buoys and life-saving stations have been placed along our 
coasts, under which pilots act, wrecks are saved and wreckers 
compensated. The same power enables Congress to act in 
conjunction with the States to prevent the introduction of 
contagious diseases, by so-called quarantine regulations at 
the ports of the United States. 

Interstate Commerce. — Besides its power to regulate 
foreign commerce. Congress regulates commerce " among 
the States and with the Indian tribes." ^ Commerce among 
the States is known as " Interstate Commerce," to distinguish 
it from commerce carried on entirely within the borders of 
a single State. A man in Chicago who sends a carload of 
dressed beef to a man in New York, is engaged in interstate 
commerce, for the beef passes not only from Illinois to New 

' Cases arising under the navigation laws are tried in United States 
courts, known as admiralty courts. 

3 United States Constitution, Article I., Section 8. 



THE STATES, AND THE PEOPLE. 261 

York, but also through intervening States. Such commerce 
— of great and growing importance — is regulated by 
Congress. So, also, are all railroads, telegraph lines, 
navigable rivers, or other means of transportation and com 
munication between two or more States. On the othei 
hand, the shipment of a cargo of flour from Rochester to 
Albany, is an act of commerce carried on wholly within a 
single State, and as such is subject only to State law. 

Under its power to regulate interstate commerce, Con-^ 
gress established in 1887 the Interstate Commerce Com 
mission, which now controls the railroad rates, etc., on traffic 
from one State to another. In 1890 Congress also enacted 
an anti-trust law, designed to prevent combinations of capi 
tal in restraint of trade between the people of two or more 
States. In 191 3 another anti-trust law was enacted, and a 
Federal Trade Commission was created to enforce the pro 
visions of the law. In 1906 Congress passed acts to pre- 
vent the adulteration or misbranding of food carried from 
one State to another. No State may tax or in any way 
restrain trade with foreign countries, or between the peo' 
pie of two or more States. But a State may tax articles 
brought into it from another State, so long as the same tax 
is shared equally by its own local trade. 

Bankruptcy. — Congress has power to make uniform laws 
on the subject of bankruptcy throughout the United States. ^ 
A bankrupt is a person who cannot pay his just debts. 
Bankruptcy laws are designed to release bankrupt debtors 
from the legal obligations to pay their debts, provided the 
bankrupt gives up the property he possesses, to be divided 
among those whom he owes. A debtor, released under 
bankruptcy laws from the legal obHgation to pay his debts, 

1 United States Constitution, Article I., Section 8. 



262 GOVERNMENT OE THE NATION 

may begin business again with the hope of retaining his 
future earnings. 

Post Offices and Post Roads. — Congress has power to 
establish post offices and post roads throughout the terri- 
tory of the United States.^ This includes every power 
necessary to maintain a complete postal system, including 
the power to protect and carry the mails ; to punish as 
crimes acts that interfere with their prompt and safe deliv- 
ery 2; and, it is claimed by some, to construct independent 
national highways, or even to buy up and operate the rail- 
roads and telegraphs of the country for postal purposes.^ 

Power to Coin Money. — The Constitution gives Con- 
gress power to coin money, to regulate its value, and the 
value of foreign coins in use in the United States ; also 
power to punish counterfeiters of United States money, and 
power to fix a standard of weights and measures through- 
out the United States.^ Under these powers the national 
government has established mints where gold, silver, and 
other metals are coined into the money of the United 
States. Besides this metal money, the national govern- 
ment issues paper money known as gold certificates, silver 
certificates, and treasury notes or greenbacks. Each gold 
or silver certificate represents an amount of gold or silver 
coin or bullion, deposited in the United States treasury, 
equal to the face value of the certificate ; and a person 
holding such a certificate may present it at any time at the 

1 United States Constitution, Article I., Section 8. 

2 Cooley, Constitutional Limitations. 

^ Congress fixes the rates of postage. It has provided that the members 
of Congress, the President, and certain other high officers may use the mails 
without paying postage. This " franking privilege " has sometimes been used 
more freely than it ought. 



THE STATES, AND THE PEOPLE. 263 

treasury, and receive gold or silver for it. A United States 
treasury note or greenback, on the contrary, is a simple 
paper promise of the United States to pay the sum printed 
on the face of the note. There are now in existence 
$346,000,000 of these treasury notes or greenbacks, and 
$150,000,000 in gold is kept in the United States treasury 
to redeem these notes, should their holders wish to get gold. 

The national government keeps accurate standards of 
weights and measures, and has furnished copies to the 
States. The common use of proper weights and measures, 
however, is governed by State laws. 

Patents and Copyrights. — The government of theUnited 
States protects inventors by patents and authors by copy- 
rights.^ A patent gives an inventor the exclusive right to 
make and sell his invention anywhere in the United States, 
for a term of seventeen years. A copyright gives an au- 
thor of a book the exclusive right to make and sell it for a 
term of twenty-eight years; and this may be extended 
twenty-eight years more on application. We have also an 
international copyright law, which gives foreign authors a 
right to copyright books here, in return for similar privi- 
leges granted by foreign governments to American authors. 

United States Control Over Federal Places. — The gov- 
ernment of the United States has exclusive control over the 
District of Columbia, containing the seat of the national 
government, and the city of Washington. Congress makes 
laws for this district, and the president of the United States 
appoints its executive and judicial officers ; and no person 
may vote while having a legal residence in the District of 
Columbia. Similar authority is exercised by Congress 
over United States property used for forts, dockyards, etc. 

1 United States Constitution, Article I., Section 8. 



264 GOVERNMENT OF THE NATION. 

United States Territory. — At the close of the Revolution. 
ary War the thirteen American colonies claimed the land 
lying between the Alleghany Mountains and the Mississippi. 
Most of it was unsettled and the claims of two or more col- 
onies often overlapped and conflicted. During the forma- 
tion of the union under the Articles of Confederation the 
States gave up their individual claims to this land, ceding it 
to the United States, on the understanding that it should be 
cut up into States, on acquiring sufficient population. There 
was thus created a territory belonging to the United States, 
and independent of the control of any particular State. 
Since then the government of the United States, by pur- 
chase, exploration and conquest, has extended the territory 
of the United States to include the vast domain lying be- 
tween the Mississippi and the Pacific. Alaska, Hawaii, the 
Philippines, and other islands, have also become United 
States territory. All this territory is, or has been at some 
time, under the exclusive control of the United States. 

Government of United States Territory. — The power to 
govern United States territory is placed by the constitution 
in the hands of Congress.^ Over portions thinly settled, 
and inhabited chiefly by Indians and others incapable of 
self-government. Congress has established a form of govern- 
ment known as the unorganized Territory, consisting prin- 
cipally of a Territorial Governor and Territorial Judges, ap- 
pointed by the president of the United States. These offi. 
cers simply execute the laws made by Congress for the 
territory. Over other portions of United States territory, 
containing a larger proportion of people capable of self- 
government, Congress has established a form of government 
known as the organized Territory. This includes a Terri* 
I United States Constitution, Article IV., Section 3, 



THE STATES, AND THE PEOPLE. 265 

tonal governor, a Territorial secretary and a Territorial 
treasurer, appointed by the president, and a Territorial legis- 
lature elected by the people of the Territory. The Territorial 
legislature makes local laws for the Territory, subject to the 
approval of Congress. Hawaii and Alaska are organized 
Territories. Porto Rico and the Philippines have govern- 
ments much like that of an organized Territory. A Terri- 
tory is represented in Congress by its own Territorial dele- 
gate, who may speak, but not vote. The Philippines are 
represented by two commissioners ; Porto Rico by one. 

How Territories Become States. — When an organized 
Territory becomes sufficiently populous and capable of self- 
government, it may apply to Congress for admission into 
the Union as a State. If Congress favors its admission, it 
passes a law authorizing the Territory to form a State gov- 
ernment. This law is called the enabling act. The gov- 
ernor of the Territory then calls on its voters to elect dele- 
gates to a Territorial convention, similar to a State con- 
stitutional convention. The Territorial convention, when 
assembled, adopts the constitution of the United States for 
the people of the Territory, and proceeds to frame a State 
constitution. This is submitted to the voters of the Terri- 
tory, and if adopted by them, the fact is certified to the 
president of the United States. If the new constitution is 
found to be in accord with the constitution of the United 
States, the president issues a proclamation declaring the 
Territory to be admitted into the Union as a State. This 
entitles it to all the privileges of the older States. 

Other Powers of Congress — Such are some of the 
specific powers given by the constitution to be exercised by 
the government of the United States. Besides these 
specified powers the constitution gives Congress power to 



266 GOVERNMENT OF THE NATION 

make all laws necessary to carry into effect these and all 
other powers, '* vested by the constitution in the govern- 
ment of the United States or in any department or officer 
thereof."^ Thus the people, by a single sweeping provi- 
sion, have authorized the national government to exercise 
all powers necessary in accomplishing the work outlined 
in the specific provisions of the constitution. 

Powers of the Several States.— With such vast powers 
given to the national government, the question naturally 
arises. What powers of importance are left to be exercised 
by the governments of the several States? The answer is : 
That the States may exercise all powers (i) not specifically 
given by the constitution to the government of the United 
States ; (2) not specifically forbidden by the constitution to 
be exercised by the several States ; and (3) not reserved to 
the people. The powers thus left to the several States are 
vast and varied. While excluding every power relating to 
the control of our foreign relations, and to affairs of strictly 
national concern, they include the great body of civil and 
criminal law regulating persons and property in the daily 
walks of life.2 Powers left with the States are thus sum- 
marized by Mr. Woodrow Wilson in The State : 

"All the civil and religious rights of our citizens depend upon State 
legislation : the education of the people is in the care of the States ; 
with them rests the regulation of the suffrage ; they prescribe the 
rules of marriage and the legal relations of husband and wife, of 
parent and child ; they determine the powers of masters over servants 
and the whole law of principal and agent, which is so vital a matter 

1 Article I., Section 8, clause i8, sometimes called "the Elastic Clause." 
Parties which favor a broad or loose interpretation of this clause would extend 
federal legislation into some fields which " strict constructionists " would leave 
entirely to the States. 

2 See Chapter VIII., "The State and the People Who Made It,'' 



THE STATES, AND THE PEOPLE. 267 

in all business transactions ; they regulate partnership, debt and 
credit and insurance ; they constitute all corporations, both private 
and municipal, except such as specially fulfill the financial and other 
specific functions of the Federal Government ; they control the pos- 
session, distribution and use of property, the exercise of trades and all 
contract relations ; and they formulate and administer all criminal 
law except that which concerns crimes committed against the United 
States, on the high seas, or against the law of nations. Space would 
fail to enumerate the particular items of this vast range of power ; to 
detail its parts would be to catalogue all social and business relation- 
ships, to set forth all foundations of law and order.'' 

Powers Forbidden to the Government of the United 
States.^ — The national government is forbidden to suspend 
the Writ of Habeas Corpus '' unless when in cases of re- 
bellion or invasion the public safety may require it." ^ 

No bill of attainder or Ex post facto law may be passed 
by Congress. Under certain old English laws the convic- 
tion of a person for a great crime was said to attaint or stain 
his blood, so that his innocent children suffered in con- 
sequence of their father's act. Such attainder of blood was 
frequently produced by bills passed by Parliament, without 
a formal trial of the accused person in a court of justice. 
An Ex post facto law reaches back to make an act com- 
mitted before the law was passed a crime, when previous to 
the enactment of the law it was not a legal offense ; or it 
may increase the penalty for a crime committed before the 
law was passed. Such laws are manifestly unjust. 

No capitation or other direct tax may be laid by Con- 
gress, except in proportion to population among the several 
States, as determined by census.^ 

1 United States Constitution, Article I., Section 9. 

2 See Chapter XI., " Personal Rights." 

^ But see sixteenth amendment to the Constitution. 



^8 GOVERNMENT OF THE NATION 

No tax may be laid by the government of the United 
States on articles exported from any State. 

No preference may be given to the ports of one State 
over another by any regulation of commerce or revenue. 

No money may be draw^n from the United States treasury 
except in consequence of appropriations made by law. 

No title of nobility — such as duke, earl, lord, — may be 
granted by the government of the United States. 

Additional Prohibitions in the First Ten Amendments to 
the Constitution.— All the above-described prohibitions ap- 
pear in Article I., Section 9 of the constitution. After the 
adoption of the original constitution by the' convention of 
1787, many of the States refused to ratify it unless ad- 
ditional safeguards to personal liberty were inserted. Ten 
amendments were -therefore proposed and adopted, which 
included a number of specific prohibitions against arbitrary 
powers, which it was feared might be exercised by the pro- 
posed national government. These prohibitions were many 
of them taken directly from State constitutions, already in 
successful operation in the several States.^ Among the acts 
thus forbidden to the government of the United States are 
the following : 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise of re- 
Hgion. 

Freedom of speech and of the press, and the right of the 
people peaceably to assemble and petition the government 
or any of its departments for a redress of grievances, cannot 
be abridged. 

> An interesting comparison may be made by the student between the Bill 
of Rights in the New York Constitution, and these prohibitions in the first ten 
amendments to the constitution of the United, States. 



THE STATES, AND THE PEOPLE. 269 

The right of the people to keep and bear arms may not 
be infringed. 

No soldier of the United States may in time of peace be 
quartered in any house without the consent of the owner, 
nor in time of war, except in a manner prescribed by 

law. 

The people are to be secure against unreasonable searches 
and seizures ; and no warrants may be issued except for 
probable cause, and except as supported by oath or affir- 
mation. 

No person shall be held to answer for a capital or other- 
wise infamous crime, unless on presentment or indictment 
of a grand jury except in cases arising in the army and 
navy ; nor be subjected to a second trial for the same offense, 
nor be compelled to be a witness against himself, nor be 
deprived of Hfe, liberty or property without due process 
of law. 

Private property may not be taken for public purposes 
without just compensation. 

A person accused of crime must have a speedy and public 
trial, by a jury of the district and State wherein the alleged 
crime was committed. The accused person must be con- 
fronted with the witnesses against him, and the courts must 
compel witnesses in his favor to attend his trial. The 
accused must also be given the right to have counsel to 
assist in his defense. 

No suit at common law may be decided where the value 
of the thing in dispute exceeds twenty dollars, without the 
right to a trial of the facts by jury ; and no fact determined 
by a jury can be reexamined, otherwise than according to 
the rules of common law. 

Excessive bail shall not be required nor excessive fines 



270 GOVERNMENT OF THE NATION, 

be imposed, nor cruel and unusual punishments be in- 
flicted. 

All the above prohibitions are against the government of 
the United States. 

Acts Forbidden to the Governments of the Several 
States.^ — The people through the constitution have forbidden 
the several States : 

To enter into any treaty, alliance, or confederation ; 

To make war without the consent of Congress, unless 
actually invaded or in such imminent danger as will not 
admit of delay ; 

To coin money or emit bills of credit ; 

To lay imposts or duties on imports or exports, without 
the consent of the government of the United States, except 
that a State may lay such taxes for the purpose of executing 
its own inspection laws ; ^ or 

To keep troops or ships of war in time of peace, except 
with the consent of Congress. 

Prohibitions Against Slavery and Against Infringing the 
Rights of Former Slaves. — In the thirteenth, fourteenth 
and fifteenth amendments to the constitution, adopted 
since the Civil War, the people have prohibited slavery 
throughout the United States ; and forbidden any State to 
abridge the privileges of any citizen of the United States ; 
or to deny to him the right to vote on account of race, 
color, or previous condition of servitude. In addition to 
these prohibitions the States are also forbidden to deprive 
any person of life, liberty, or property, without due process 
of law, or to deny to any person the equal protection of the 
laws. 

' United States Constitution, Article I., Section liX 
« Sec page 261. 



THE STATES, AND THE PEOPLE. 271 

States Must Give Credit to the Public Acts and Records 
of Other States. — The constitution requires each State to 
give full faith and credit to all the pubHc acts, records, and 
judicial proceedings, of all the other States ; and declares 
that the citizens of each State are entitled to all the privileges 
and immunities of citizens in every other State. A person 
charged with crime in one State, vi^ho flees to another, must 
on demand of the governor of the State having jurisdiction 
of the crime, be delivered up to that State (extradition). 

States to be Protected. — The constitution declares that 
the United States shall guarantee to every State a repub- 
lican form of government, and shall protect the States 
against invasion, and also protect a State against domestic 
violence, when so requested by its authorities.^ 

Rights Retained by the People. — The ninth amend- 
ment to the constitution declares that the enumeration of 
certain rights in the constitution shall not be construed to 
deny or disparage other rights retained by the people. 

The Eleventh Amendment to the constitution supports 
the doctrine of State Rights to the extent of forbidding the 
use of the federal courts for the prosecution of a person's 
suits or claims against any State. 

Amending the Constitution. — Amendments to the con- 
stitution of the United States may be proposed by a two- 
thirds affirmative vote of both houses of Congress ; or Con- 
gress may call a convention for proposing amendments, 
when so requested by two-thirds of the legislatures of the 
several States. Amendments so proposed, must, in order to 
become law, be ratified by three fourths of the legislatures 
of the several States, or by conventions called in three fourths 
of the States. 

> United States Constitution, Article IV., Section 4. 



272 GOVERNMENT OF THE NATION. 

SUMMARY. 

The United States is a sovereign, indivisible, federal, 
national state, and not a league of States or commonwealths 
with a central national government. 

An outline of our national government is laid down by 
the people in the constitution of the United States, which 
constitution, and the laws made in pursuance of it, consti- 
tute the supreme law of the land. 

The people have divided the powers of government into 
powers to be exercised by the government of the United 
States, powers to be exercised by the governments of the 
several States, and powers reserved to the people. 

The people have prohibited the government of the United 
States from exercising certain powers, also the governments 
of the several States from exercising certain powers. 

The government of the United States is one of powers 
specifically given to it by the constitution, all other powers 
being left to the States or to the people. 

The government of the United States exercises generally 
such powers as are necessary to regulate our relations with 
foreign nations, and to regulate such matters as concern the 
people of more than a single State. The governments of 
the several States exercise all other powers not prohibited 
to them by the constitution, or not reserved to the 
people. 

Specific prohibitions imposed upon the government of 
the United States, are found in Article I., Section 9, of the 
constitution, and in the first ten amendments, the latter 
being known as the national '< Bill of Rights/' Prohibitions 
imposed upon the several States are found in Article I., 
Section 10, of the constitution, and in the thirteenth, four- 
teenth and fifteenth amendments. These amendm_ents pro- 



THE STATES, AND THE PEOPLE. 273 

hibit slavery, and guarantee the civil and political rights of 
former slaves. 

SUGGESTIVE QUESTIONS. 

How were United States taxes laid and collected under 
the Articles of Confederation ? How are they now laid and 
collected ? 

What feature of State representation in Congress under 
the Articles of Confederation, is preserved by the present 
constitution ? What new feature of representation is added ? 

What was the so-called " right of secession ? " 

What is meant by the statement that the government of 
the United States is one of specifically granted powers ? 
What are so-called concurrent powers ? 

Name a power, the exercise of which is prohibited, both 
to the government of the United States, and to the State of 
New York. 

State generally what powers may be exercised by the 
United States government, and what by the governments 
of the several States. 

Define reciprocity treaty, high seas, privateer, letters of 
marque and reprisal, bankruptcy, patent, copyright. 

What is a United States bond ? For what purposes 
are such bonds issued ? Give an account of the different 
kinds of money issued by the United States government. 
Describe the difference between a national bank and a 
State bank. 

Describe generally the power of Congress to regulate 
commerce. What is the interstate commerce commission? 
May a State tax imported goods ? If so, for what purposes? 
May the United States impose a tax on goods exported 
from the States ? 



274 GOVERNMENT OF THE NATION. 

What is meant by United States territory ? State the 
difference between the government of an organized Territory 
and an unorganized Territory. Give in detail the steps nec- 
essary for admitting a Territory into the Federal Union. 

Define bill of attainder ; Ex post facto law. 

Name five specific prohibitions imposed by the constitu- 
tion upon the government of the United States, in favor of 
Hberty of the individual citizen. Name five prohibitions 
imposed on the governments of the several States. 

Which amendment to the constitution prohibits slavery ? 
Which guarantees civil and political rights to former slaves ? 
How is this guaranty enforced ? 

ADDITIONAL READING. 

Bryce's American Commonwealth, Part I., Chapter IV., ''Nature 
of the Federal Government " ; Chapter XXVII., " The Federal Sys- 
tem"; Chapter XXVIII. , "Working of the Federal System." 
Schouler's Constitutional Studies, Part II., Chapter V., "The Fed- 
eral Constitution Analyzed; Structure and Distribution of Powers; 
Legislature"; Chapter VI., " Fundamental Powers of Congress"; 
Chapter VIL, " Federal and State Prohibitions" ; Chapter X., "In- 
terstate and Territorial Relations." Burgess's Political Science and 
Comparative Constitutional Law, Volume L, Part II., Book L, Chap- 
ter IL, "The Organization of the State in the Constitution of the 
United States" ; Book IT.,, Chapter IL, "The System of Individual 
Liberty Provided in the Constitution of the United States." John- 
ston's History of American Politics, Chapter L, " Origin of Political 
Parties in the United States." Stevens, Sources of the Constitutiorit 
Chapter IL 



CHAPTER XXIII. 

Departments of United States G-overnment. 

The government of the United States, like State and 
local governments, is carried on in three departments — leg- 
islative, executive and judicial. The work of each depart- 
ment is outlined in the constitution. The powers of the 
three departments of the government are kept far more 
independent and separate than in most other countries. In 
Great Britain, for instance, the executive powers are ex- 
ercised by ministers who are also members of Parliament, 
and who lead in the work of legislation. The *' parlia- 
mentary system '' aims to place in the same hands the 
power and responsibility for making and for executing a 
law. Our constitution, on the contrary, aims to separate 
the legislative and executive powers. 

The chief branch of the legislative department is Con- 
gress. The president of the United States stands at the 
head of the executive department. The judicial depart- 
ment is composed of United States courts and judges. 

Congress. — The Congress of the United States, like the 
State legislature, is composed of two legislative branches or 
'' houses." These are the Senate and the House of Repre- 
sentatives. The senate is the so-called " upper house " of 
Congress. It corresponds to the senate of the State legis- 
lature, and to the House of Lords of the English Parlia- 
ment. The house of representatives, or so-called " lower 
house,'' of Congress is a larger body than the senate, and its 
members are elected for a shorter term. It corresponds to 
the assembly in the legislature, and to the House of Com- 

275 



276 GOVERNMENT OF THE NATION. 

mons in Parliament. Congress, thus composed, is the chief 
law-making power of the national government. It meets 
annually on the first Monday in December,^ at the National 
Capitol in Washington, D.C. A new Congress meets every 
two years, and the Ufe of a particular Congress ends at 
noon, March 4, in an odd-numbered year. 

The Senate. — The senate of the United States is com- 
posed of two members from each State in the Union. This 
makes a senate of ninety-six members. The senators from 
^eacti State are now chosen by direct vote of the people.^ 
-/A feature of the original union under the Articles of Con- 
federation is preserved in the equal representation of every 
State, large or small, in the senate. The senate thus 
represents the federal idea of government. Members of 
the senate are elected for terms of six years each. The 
senators in the first Congress were divided into three 
classes. The terms of the first class were to end after two 
years, those of the second class after four years, and those 
of the third class after six years. As a result one third of 
the members are elected every two years. This arrange- 
ment keeps a considerable portion of the senate at all times 
in comparatively close touch with the people, but provides 
that at least two thirds shall be made up of experienced men. 
The vice president of the United States is the presiding 
officer of the senate. He does not vote in the senate ex- 
cept in case of a tie, when he may cast the deciding vote. 

Election of Senators.— Up till 191 3 senators were 
elected by the State legislatures^ by majority vote. 

1 United States Constitution, Article I., Section 4. 

2 Article XVII. of amendments to the United States Constitution. 

8 The two houses of a State legislature about to elect a United States sena- 
tor, met, each house in its own chamber, on the second Tuesday following the 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 277 

There were often more than two candidates for a sena- 
torship, so that many days, or even months, sometimes 
elapsed before any one secured a majority vote, and the 
State might be deprived for a time of its full representa- 
tion in the Senate. As the change of a few votes might 
decide such an election, this condition afforded great temp- 
tation and opportunity for bribery. For these and other 
reasons a demand arose that United States senators should' 
be elected by direct popular vote, instead of by the legisla- 
tures of the States. The house of representatives several' 
times proposed a constitutional amendment to this effect,, 
but the senate always rejected it. Finally such an amend- 
ment passed both houses of Congress in 1912, and, after- 
having been ratified by the requisite number of state leg- 
islatures, was, in 191 3, proclaimed by the Secretary of State 
to be part of the Constitution. 

A United States senator must be at least thirty years; 
old, an inhabitant of the State from which he is elected,, 
and must have been at least nine years a citizen of the 
United States. 

The House of Representatives. — Members of the house 

first regular meeting of the legislature, and the members proceeded to cast 
their ballots for senator. At noon on the following day the two houses met 
in joint session, and the votes of the previous day were read. If one person 
had received a majority of the votes of each house, he was declared to be duly 
elected senator. But if no person had received such majorities, the two 
houses continued to meet in joint session at noon on each succeeding legis- 
lative day, and to take at least one vote a day, until one man received a ma- 
jority of all the votes of the joint assembly— a majority of all the members of 
the legislature being present and voting. When a vacancy occurred in the 
United States senate at a time when the legislature entitled to fill the 
vacant place was not in session, the governor of the State appointed a man to 
act as senator till the office could be filled in the regular manner by the legis- 
lature. 



278 COVEkNMENT OF THE NATION, 

of representatives are elected by direct vote of the people 
in the several States. Each State elects representatives in 
proportion to its population, the more populous States send- 
ing the larger number ; but each State is entitled to at least 
one representative. This house, therefore, represents the 
national idea of union. The ratio of population to one 
representative, and the number of representatives to which 
each State is entitled, are fixed by Congress, according to the 
results of a United States census taken every ten years. 
The ratio of one representative for 21 1,877 people was used 
by Congress in fixing the number of representatives now 
apportioned to each State. These numbers were fixed for 
the period 1913-1923 by act of August, 191 1. The total 
number of representatives for 191 3 was 435 ; if new States 
are admitted their representatives are to be added to this 
number. The original ratio, fixed by the constitution,^ was 
not more than one representative for every 30,000 people. 
Such a ratio would give us to-day a house of representa- 
tives of about 3,000 members, by far too large a body to 
transact business conveniently and speedily. The house 
of representatives elects one of its own members to preside 
over its deliberations. He is called the speaker, probably 
from an old Enghsh custom of having the presiding officer 
of the House of Commons act as the ** spokesman," or 
speaker, for that body when it presented petitions to the 
king. The speaker is one of the important and powerful 
officers of the national government, as will be seen from a 
further description of his duties. 

Election of Representatives. — The legislature of each 
State usually divides the territory of the State into as many 
congressional districts as it has representatives in Con- 

1 United States Constitution, Article I., Section 2. 



28o GOVERNMENT OF THE NATION 

gress.^ Each district contains a population approximating 
the number of inhabitants fixed by Congress for one repre- 
sentative. (For the districts in New York, see page 279.) 
A representative is elected every two years by the voters 
of each district, any voter qualified to vote for a State 
assemblyman being qualified to vote for a representative 
in Congress.^ Representatives are elected on the Tuesday 
following the first Monday in November of each even- 
numbered year. Each new house of representatives meets 
in December of the year following its election, unless 
Congress is sooner called together by the president. A 
representative must be at least twenty-five years old, an 
inhabitant of the State from which he is elected, and he 
must have been seven years a citizen of the United States. 

When a senator or a representative dies or resigns, the 
governor of the State issues a writ fixing the date of an 
election to fill the vacancy. In the case of a senator he 
may also make a temporary appointment (if the legislature 
has empowered him to do so) until the vacancy is filled by 
the election. 

Meetings of Congress. — Each Congress has two regu- 
lar meetings, known as the First or Long Session, and the 
Second or Short Session. The long session begins in 
December of each odd-numbered year, and usually con- 
tinues until the following summer. The short session be- 
gins the next December, and lasts till the fourth day of the 
following March. Members of Congress — both senators 
and representatives — receive an annual salary of ;?7,SOO 
each, paid out of the treasury of the United States. 

1 Some States elect one or more of their representatives, called *' repre- 
sentatives at large," on a general ticket voted for by all the voters of the State. 

2 United States Constitution, Article I., Section 2. 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 281 

How United States Laws are Made. — United States 
laws are enacted by Congress in much the same way as 
laws are passed by our State legislature. As in the legisla- 
ture, so in Congress, a proposed law is called a '* bill/* Any 
United States senator may propose any law in the senate, 
and any representative may introduce any bill in the house 
of representatives, except that all bills for raising revenue 
must originate in the house of representatives.^ This 
provision of the constitution is inherited from the English 
practice, of having all propositions for taxing the people 
come from the House of Commons, the legislative body in 
Parliament nearest to the people. A similar rule prevailed 
in the legislatures of the American colonies before the Rev- 
olution and still prevails in some State legislatures; but 
not in New York. The restriction amounts to little, for 
after a revenue bill has been passed by the house, the senate 
has full power to propose amendments to it. 

Committees of Congress. — At the beginning of each 
Congress the members of both senate and house of repre- 
sentatives are divided into standing committees, for the pur- 
pose of considering proposed laws. Each standing com- 
mittee, of both house and senate, has its particular subject 
assigned to it, these subjects including the entire range of 
(Ordinary legislation. Special committees are appointed to 
consider questions not assigned to the regular standing 
committees. Every Congress has in both houses standing 
•committees on such subjects as : elections, appropriations, 
commerce, rivers and harbors, agriculture, territories, edu- 
cation, military affairs, naval affairs, etc. The house of 
representatives has a committee on ways and means, to con- 
sider proposed revenue laws. The senate has a committee 

1 United States ConstitutiQn, Afticje I., Section 7. 



282 GOVERNMENT OF THE NATION, 

on foreign affairs, to which are referred proposed treaties. 
The senate elects by ballot the members and chairmen of 
its standing committees. In the house of representatives 
the selection of both members and chairmen was formerly 
(before the year 191 1) left to the speaker; but now the 
house, like the senate, elects its standing committees and 
their chairmen. 

Majority and Minority Leaders. — The members of 
each party in each house organize by selecting a leader, 
and often meet in a caucus to decide whether they shall 
vote as a unit on pending measures. 

The Work of Congressional Committees. — Each bill 
proposed in senate or house of representatives goes first 
to its appropriate standing committee. It is there ex- 
amined as to its merits and defects, and the arguments of 
its friends and opponents heard. The bill may then be 
reported by the committee, either ''favorably" or "unfavor- 
ably," to the house in which it was proposed. A "favor- 
able" report naturally helps a. bill in its progress towards 
becoming a law, while an "unfavorable" report on a bill 
tends to defeat it. Many bills are "killed in committee " 
by never being reported at all ; though the house may by 
vote compel a committee to report on any bill. 

Powder of the Speaker. — The speaker of the house of 
representatives was until 191 1 the leader of the majority 
party in the house ; but under the present rules, as the 
presiding officer he is expected to be impartial in en- 
forcing the regular rules of the house, and special rules 
adopted at the suggestion of the committee on rules.^ 
He still has some opportunities, however, to act in 

^ Up till 1910 the speaker acted as chairman of the committee on rules, 
and exercised greater personal control over legislation than at present. 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 283 

such a way as to hasten legislation which his party favors. 
Opposing members sometimes " filibuster '' by using all 
possible ways to consume the time of the house, so as to 
delay business. Rules are therefore often made, fixing the 
date for the vote on certain bills, and Hmiting the time that 
each member may use in speaking. This has given rise to 
the custom of allowing members ** leave to print'' ^/^de- 
livered speeches in the Congressional Record, which is a 
daily record of what is said in the sessions of each house. 

In the smaller and more dignified senate, the presiding 
officer — the vice president — has little power. The senator 
who is leader of the majority party in the senate has more 
influence on legislation than the vice president. 

Passing Bills in Congress. — A bill reported by a com- 
mittee to the house in which it was proposed, may be de- 
bated by the members of the house, amended if desired, 
passed by majority vote of the house, and sent to the other 
house; or the bill may be voted down by the house in 
which it was first proposed. If passed, the bill goes to the 
other house, where it is referred to its appropriate com- 
mittee, to go through a process similar to the one in the 
house where it originated. Many bills are referred to con- 
ference committees (p. 157), as in the legislature. Debate in 
the house may be stopped by moving the *' previous ques- 
tion"; and since 191 7 the senate also has had a method by 
which debate can be limited. 

Action by the President on Bills, — Bills passed by both 
senate and house of representatives, go to the president of 
the United States for his approval and signature. The 
president has ten days, Sundays excepted, after receiving a 
bill, in which to consider it. He may sign the bill and 
return it to the house where it originated, when the bill 



284 GOVERNMENT Of THE NATION, 

becomes a law ; or he may veto the bill. If the J)f eddeht 
neither signs nof vetoes the bill, and if Congress be in ses- 
sion at the end of the ten days allowed him in which to 
consider the bill, it becomes a law without his signature. 
But if Congress adjourn before the expiration of the ten 
days, and the bill still remain unsigned in the hands of the 
president, it fails to become a law.^ Such nonaction on a 
bill by the president is called a ** pocket veto/' 

The president, unlike the governor of New York, cannot 
veto one or more items in an appropriation bill, while ap- 
proving the rest. Hence an objectionable measure is some- 
times added as a ** rider'* to a bill which the president is 
known to favor. He must then either veto the whole billt 
or accept the objectionable provision with the rest. 

Bills may be Passed over the President's Veto.-==.A. 
bill vetoed by the president may be reconsidered by the: 
house in which it originated, and passed again by a two- 
thirds affirmative vote. It is then sent to the other house, 
and if approved by a two-thirds affirmative vote, the bill 
becomes a law in spite of the veto. 

Powers of Congress. — The powers of Congress to legis- 
late for the United States are outlined in the preceding 
chapter and in Article I., Section 8, of the constitution. 

Special Powers of Each House. — The house of rep- 
resentatives has the sole power of impeachment, but the 
senate hears and tries the charges. All revenue bills must 
originate in the house. The senate approves or rejects 
the proposals of the president in making treaties, and iut 
appointing ambassadors, judges of the United States courts^, 
and some other officers. Such business is discussed ih^ 
" executive session," the public being excluded. By the- 

1 United States Constitution, Article I., Section 7. 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 285 

^* courtesy of the senate/' the presidential appointment of 
an officer in any State will be approved or rejected accord- 
ing to the wish of the senator or senators from that State, 
belonging to the majority party. Hence it has come about 
that many federal officers are really selected by senators. > 

Privileges and Disabilities of Congressmen. — A sena-' 
tor or representative may not be arrested while attending, 
going to, or returning from Congress, except he be charged 
with felony, treason, or breach of the peace. And no Con- 
gressman may be held legally accountable in any place for 
any speech or debate in either house.^ These provisions, 
like those in our State constitution,^ protecting members of 
the legislature, come down to us from old English law. 
No person, while a member of Congress, may hold any 
other civil office under the authority of the United States.^ 

The Executive Department. — ^The executive department 
'of the national government is the one through which are 
enforced and administered United States laws and treaties ; 
which preserves peace and order throughout the territory 
controlled by the United States ; which controls the rela- 
tions and conduct of United States citizens when on the 
high seas, and defends their rights when threatened by the 
subjects of foreign nations. At its head is the president of 
the United States, and the department includes the United 
States army and navy, and a vast number of officials in the 
civil service of the United States. 

The President of the United States, His Powers and 
Duties. — ^The president of the United States, as the execu- 
tive head of the nation, is the commander in chief of the 

> United States Constitution, Article I., Section 6, 

«See Chapter XIV., " The Legislature." 

3 United States Constitution, Article I., Section 0« 



286 GOVERNMENT OF THE NATION. 

United States army and navy, and of the militia of the sev- 
eral States when engaged in the service of the United States. 
It is his duty faithfully to enforce the constitution, laws and 
treaties of the United States, and to protect our citizens, 
when within the territory controlled by the United States,^ 
when on the high seas, or when within the territory of a 
foreign nation. The president, through his subordinates, 
conducts all oflficial intercourse of the United States with 
foreign governments. He appoints, by and with the ad- 
vice and consent of the senate, the important officers of 
the army and navy, the judges of the supreme court of the 
United States and other important executive and judicial! 
officers ; while many subordinate officers are appointed by 
him alone. The president has power to remove many of the 
officers appointed by him, whether appointed with or with- 
out the advice and consent of the senate. He may pardon, 
reprieve, or commute the sentence of persons convicted of 
offenses against the United States, except in cases of im- 
peachment. He is elected by the voters of tTie several 
States for a term of four years, which begins on March fourth 
of an odd-numbered year. He must be a natural-born citi- 
zen of the United States, at least thirty-five years of age, 
and he must have been for fourteen years a resident of the 
United States. He receives an annual salary of ^75,000. 

The President's War Powers. — While the president is 
commander in chief of the army and navy, and may direct 
their action in such a way as to provoke actual war. Con- 
gress alone has power formally to declare war against an 
enemy of the United States. Congress also controls our 
military and naval operations, by its power to grant and re- 
fuse supplies of money and men necessary to carry on war. 

* A State protects its own citizens when within the territory of the State. 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 287 

The president's power is further iimited by the clause of the 
constitution, which forbids Congress to grant money for 
mihtary operations for a longer term than two years.^ 

The President and Our Foreign Relations. — Our inter- 
course with the governments of foreign nations is carried 
on by the president, acting through his subordinates. The 
president, by and with the advice and consent of the senate, 
appoints ambassadors, ministers, and consuls, to represent 
the government of the United States before foreign govern- 
ments, and he receives similar officials sent to the United 
States. The president through his subordinates, makes all 
treaties of the United States with foreign governments, but 
a treaty must be agreed to by two thirds of a quorum of the 
senate. Treaties that require money to carry them into effect, 
depend upon Congress for the necessary appropriations. 

The President's Legislative Powers. — We have seen 
that the president may veto bills passed by Congress, thus 
compelling that body to reconsider any hasty or injudicious 
action. The president is also required to give Congress in- 
formation from time to time on the state of the Union, rec- 
ommending the passing of any laws he may think necessary 
or wise.^ Information is thus given, and recommendations 
made, by the president, in '' messages " sent to Congress, 
usually at the beginning of each session. The president 
also has power to call the senate or both houses of Congress 
together in a so-called ** extra session," when public busi- 
ness demands it. When the two houses disagree as to the 
time of adjourning Congress, the president may adjourn it 
to such time as he thinks proper.^ 

5 United States Constitution, Article I., Section 8. 
5 United States Constitution, Article II., Section 3. 
^ United States Constitution, Article II., Section 3. 



288 GOVERNMENT OF THE NATION, 

The President and the Civil Service.— The president's 
power to appoint and remove officers in the civil service of 
the United States, is limited by civil service rules, which he 
sanctions and enforces. Under these rules more than half 
of the great army of Federal officeholders have been placed 
in the so-called " classified service " ; and appointments in 
this service are made as the result of competitive examina- 
tions. The more important offices, such as heads of de- 
partment in the cabinet, collectors of customs, collectors of 
internal revenue, etc., are in the so-called ** unclassified 
service." These offices are often filled, and their former 
occupants removed, by each succeeding president for purely 
political reasons. 

The President's Cabinet. — The work of the executive 
department is largely carried on through ten subordinate 
departments. The heads of these departments are the Sec- 
retary of State, Secretary of the Treasury, Secretary of War, 
Secretary of the Navy, Secretary of the Interior, Postmas- 
ter-General, Attorney-General, Secretary of Agriculture, 
Secretary of Commerce, and Secretary of Labor. They are 
appointed by the president, by and with the advice and con- 
sent of the senate, and are known as the cabinet.^ They 
hold regular meetings, attended by the president. Each 
cabinet officer has from one to four assistants or assistant 
secretaries, and each cabinet department is divided into 
bureaus, at the head of each of which is a commissioner. 

The Department of State. — The department of state, 
headed by the secretary of state, conducts all official nego- 
tiations and correspondence of the United States with 
foreign governments. The secretary of state is also the 

1 Washington's original cabinet consisted only of the Secretary of the 
Treasury, Secretary of State, Secretary of War, and Attorney-General. 



DEPARTMENTS OF UNITED STATES GOVERNMENT, 289 

medium of communication between the president of the 
United States and the governors of the several States. He 
has the custody of the great seal of the United States, of 
treaties made with foreign governments, and of the laws of 
the United States as passed by Congress. 

The Treasury Department. — The treasury department, 
under control of the secretary of the treasury, has the man- 
agement of the national finances, and includes a number of 
important officers, among whom are comptrollers, auditors, 
treasurer of the United States, register of the treasury, com- 
missioner of internal revenue, director of the mint, etc. The 
secretary of the treasury estimates the revenues and ex- 
penses of the national government and superintends the col- 
lection of the revenues. The treasurer receives and keeps 
the moneys of the government, and pays out money on the 
orders of the secretary of the treasury. 

The War Department. — The war department, headed by 
the secretary of war, has charge of the equipment and 
supply of the United States army. Public improvements, 
like the construction of United States docks and bridges, are 
conducted by this department. So are explorations under- 
taken by the United States. The department has charge of 
the United States signal service along our coasts, of the 
United States Military Academy at West Point, and of sev- 
eral national parks and soldiers' ** homes." 

The Navy Department. — ^The navy department is headed 
by the secretary of the navy. It has charge of the navy of 
the United States and its equipment and supply ; also of the 
United States Naval Academy at Annapolis. 

The Interior Department. — The interior department, in 
charge of the secretary of the interior, performs a variety of 
work, as indicated by the titles of the commissioners head- 



290 GOVERNMENT OF THE NATION. 

ing its various bureaus. In this department, the commis> 
sioner of the general land office has charge of the public 
lands belonging to the United States, and the commissioner 
of pensions of the granting of pensions to soldiers and 
sailors disabled in the service of the United States. The 
department grants patents ; looks after Indians living on 
the so-called ** reservations,'' and conducts Indian schools; 
and collects statistics of education. 

The Post Office Department. — The post office depart- 
ment has charge of the transportation of the mails, and of all 
United States post offices. The postmaster-general is at its 
head. He establishes post offices, and appoints all post- 
masters not appointed by the president. 

The Department of Justice.— The department of justice 
is headed by the attorney-general. He gives legal advice 
to the president and the heads of the executive depart- 
ments ; conducts cases before federal courts in which the 
government is interested ; and has supervision of United 
States district attorneys and United States marshals. 

The Department of Agriculture. — This department, 
headed by the Secretary of Agriculture, is divided into a 
number of bureaus which have for their object the better- 
ment of agriculture. It publishes various reports. 

The Department of Commerce. — This department is 
headed by the Secretary of Commerce. It aids in develop- 
ing our commercial interests; takes the United States 
census; and includes the bureau of lighthouses and the 
bureau of fisheries. 

The Department of Labor.— This department, headed 
by the Secretary of Labor, includes the bureau of immi- 
gration, bureau of naturalization, bureau of labor statistics, 
and the children's bureau. 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 291 

Other officers of the executive department, appointed by 
the president and senate, include the interstate commerce 
commission and trade commission already referred to, the 
civil service commission, the shipping board, the head of 
the government printing office, and occasional commissions 
created for special purposes such as the tariff commission 
to gather information bearing on the tariff question. 

The Vice President. — The vice president of the United 
States takes the place of the president, in case of his death, 
resignation, removal from office, or inability to perform the 
duties of his office. The vice president is elected at the 
same time and in the same way as the president. His 
chief duty is to preside over the United States senate. He 
must possess the same qualifications as the president, as to 
age, citizenship and residence. His salary is ^12,000. 

Election of President and Vice President.— The presi- 
dent and vice president are elected by the people of the 
several States, voting for officers called Presidential Electors. 
Each State chooses as many presidential electors as it has 
senators and representatives in Congress. The presidential 
electors of each State meet on the second Monday in 
January following their election, and cast their ballots for 
a president and for a vice president of the United States. 
The candidates who receive a majority of the votes of all 
the electors are elected.^ If no candidate receives a majority, 

1 Before the adoption (in 1804) of the twelfth amendment to the constitu- 
tion, the presidential electors voted for two persoiis only, and not as now 
directly for president and for vice president. The person having the greatest 
number of votes (if such number was a majority of the electors) was elected 
president ; and the person having the next greatest number, vice president. 
In 1800 the successful candidates for president (Jefferson) and vice president 
(Burr) had the same number of votes, and the house of representatives voted 
thirty-six times before deciding which should be president. 



292 GOVERNMENT OF THE NATION, 

the president is chosen by the house of representatives, and 
the vice president by the senate, as described in the 
twelfth amendment to the constitution of the United States. 

The Presidential Succession.— If both president and 
vice president die, or become unable to perform the duties 
of president, Congress is given power by the constitution,^ to 
designate what officer shall act as president, till a new presi- 
dent is elected at a regular presidential election. By statute, 
passed in 1886, Congress provided that the following offi- 
cers, if qualified, should succeed to the presidency in this 
order : l, secretary of state ; 2, secretary of the treasury ; 3, 
secretary of war ; 4, attorney-general; 5, postmaster-general; 
6, secretary of the navy ; 7, secretary of the interior. 

Impeachment. — Any civil officer of the United States, 
including the president and vice president, may be im- 
peached for treason, bribery, or '' other high crimes and 
misdemeanors," and if convicted, must be removed from 
office.^ In impeachment cases the house of representatives 
presents the charges, and the United States senate sits as a 
court to try the accused. A two-thirds vote of the senators 
present is necessary to convict an impeached officer. The 
judgment of the court of impeachment cannot extend further 
than to remove the convicted officer from his office, and dis- 
qualify him from holding any office of honor, trust or profit: 
under the United States. But an officer so convicted may 
also be indicted, tried, and punished, by the criminal courts, 
like any ordinary offender. When the president of the 
United States is impeached, the chief justice of the United 
States presides over the court of impeachment.* 

1 United States Constitution, Article II, Section i. 

2 United States Constitution, Article II., Section 4. 
-' United States Constitution, Article I., Section 3. 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 293 

The Judiciary Department. — As the government of the 
United States has its own law-making and law-enforcing 
powers, superior to and independent of the governments of 
the several States, so it has its own inaependent judiciary de- 
partment to interpret and apply the United States Constitu- 
tion, laws and treaties. The judiciary department includes 
the Supreme Court of the United States, provided for by the 
constitution,^ and the inferior courts established by Con- 
gress. 

Jurisdiction of United States Courts. — Suits arising un- 
der the constitution, laws and treaties of the United States 
are tried in the United States courts. A man charged with 
ordinary theft is tried in a State court, for theft is a crime 
against State law ; but a man charged with stealing and 
making use of an idea protected by a patent, is tried in a 
United States court, because patents are given under United 
States law. So are cases affecting ambassadors, ministers 
and consuls, and the rights of United States citizens when 
on the high seas.^ Controversies, in which the United States 
is a party, controversies between two or more States, be- 
tween a State and the citizens of another State, between the 
citizens of different States, or between a State or its citizens 
and the citizens of a foreign nation, are tried in United 
States courts ; but no State may be sued by the citizens of 
another State or by the subjects of a foreign nation. 

United States Courts Enumerated. — The regular 
courts of the United States are the supreme court, already 
referred to, the circuit courts of appeals, and the district 
courts. The judges of these courts are appointed by the 

1 United States Constitution, Article III., Section i. 

2 Courts applying the rules of law governing personal and property rights 
on the high seas are called Admiralty courts. 



294 GOVERNMENT OF THE NATION 

president of the United States, by and with the advice and 
consent of the senate. They hold office during good be- 
havior, and receive salaries fixed by Congress. 

The District Courts. — The district courts are the low- 
est United States courts. There are more than ninety of 
them. Every State comprises at least one judicial district, 
and the larger States are each divided into two or three or 
four districts.^ In each district, as a rule, there is one dis- 
trict court presided over by a United States district judge. 
In a few cases, however, there is only one judge for two 
districts ; and in some cases there are two or more judges 
for a single district, each judge holding court by himself. 
All crimes committed against the United States are triable 
in district court. So are civil cases arising under the laws 
of the United States. An appeal may be taken from the 
decision of a district court to the circuit court of appeals, 
or to the supreme court. Appeals to the supreme court 
are taken when the question appealed involves: i, a con- 
struction of the constitution ; 2, the constitutionality of a 
law, State or. national ; 3, the construction of a treaty ; 
4, a punishment for a great crime. 

1 New York State is divided into four districts: The Western District, in- 
cluding Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Liv- 
ingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, 
Wayne, Wyoming, and Yates counties; the Northern District, including Al- 
bany, Broome, Cayuga, Chenango, Clinton, Cortland, Delav^^are, Essex, Frank- 
lin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, 
Oneida, Onondaga, Oswego, Otsego, Rensselaer, St. Lawrence, Saratoga, 
Schenectady, Schoharie, Tioga, Tompkins, Warren, and Washington counties; 
the Eastern District, including Richmond, Kings, Queens, Nassau, and Suffolk 
counties; and the Southern District, including the residue of the State. The 
Western and Northern Districts have one district judge each, the Eastern 
District two judges, and the Southern District four. 



DEPARTMENTS OF UNITED STATES GOVERNMENT 295 

The Circuit Courts of Appeals. — Next above the 
United States district courts are the circuit courts of ap- 
pealso There are nine circuits in the United States, each 
circuit including several States. Two or more circuit 
judges are appointed for each circuit, and a justice of the 
supreme court is assigned to each. In each circuit there 
is a circuit court of appeals consisting of three judges from 
the circuit — when possible, a supreme court justice and 
two circuit judges. The circuit court of appeals hears 
cases brought up to it on appeal from district courts within 
the circuit. 

The United States Supreme Court. — Above the dis- 
trict courts, and above the nine circuit courts of appeals, 
stands the supreme court of the United States. This is the 
highest judicial tribunal in the land, and the final authority 
in all questions arising under the constitution, laws and 
treaties of the United States. The supreme court sits in the 
National Capitol at Washington. It is composed of a chief 
justice and eight associate justices, and the presence of six 
is necessary to render a decision. This court has the power 
to bring before it sovereign States of the Union, as well as 
their citizens. Its chief business is the hearing of appeals 
brought up to it from the inferior United States courts, and 
from the highest courts of the several States, where ques- 
tions arise involving rights under the constitution and laws 
of the United States.^ The supreme court has original juris- 
diction, in cases wherein a State is a party in the contro- 
versy, or where the rights of ambassadors, ministers, and 
consuls are affected. One of its most important duties is to 

'Appeals from decisions of the courts of the District of Columbia are 
made to the supreme court. Appeals are made from the courts of the Terri- 
tories to the United States circuit courts of appeals and to the supreme court. 



296 GOVERNMENT OF THE NATION. 

decide whether laws framed by the State legislatures or by 
Congress, are in accord with the constitution of the United 
States, such decisions being made in proceedings similar to 
those brought before our State court of appeals to test the 
constitutionality of a State law. 

Cases Removed from a State Court to the United States 
Supreme Court. — Suits begun in State courts maybe re- 
moved to the supreme court of the United States, when the 
highest court of the State decides against the validity of a 
statute or treaty of the United States, or when the claim is 
made that a State law or a provision of the State constitu- 
tion, is not in harmony with the constitution, laws, or treaties 
of the United States. 

United States Marshals. — Attached to every United 
States court is an officer known as a United States marshal. 
It is his duty to carry out the writs, judgments, and orders 
of his court, much as a New York sheriff carries out the 
orders of the State courts. A United States marshal, if re- 
sisted in the execution of the law, may like a constable or 
sheriff, call any citizen to his aid ; and he may, if necessary, 
apply to the president for the aid of troops from the United 
States army. 

United States District Attorneys. — Every judiciary dis- 
trict of the United States has a prosecuting officer known 
as a United States district attorney, whose duty it is to prose- 
cute offenders against United States laws in his district, in 
much the same way as the district attorney of a New York 
county prosecutes offenders against the State law. 

The Jury in United States Courts. — The constitution re- 
quires that the trial of all crimes against the United States, 
except in cases of impeachment, shall be by jury ; and that 
the trial must be in the State where the alleged crime was 



DEPARTMENTS OF UNITED STATES GOVERNMENT 297 

committed. If not committed in a state, the trial must be 
in a place designated by Congress.^ 

The Court of Claims. — As the United States may not be 
sued by one of its citizens, Congress has established a court 
of claims, which sits at Washington, to hear and investigate 
the claims of private parties against the national govern- 
ment. Appeals from its decisions may be carried to the 
supreme court; but ordinarily its "findings" are sent to 
Congress, which appropriates money to pay the claims 
found just 

Customs Court of Appeals. — To secure quickness and 
uniformity in the decision of customs cases, Congress has 
established a special Customs Court of Appeals, to which 
appeals are made in such cases, instead of to the regular 
courts. 

Federal Writs. — United States courts make use of the 
writ of Habeas Corpus (p. 128), which directs that a per- 
son in confinement be brought before the court, to ascertain 
whether such confinement is lawful or not; the writ of 
Mandamus, which orders an inferior court, corporation or 
officer to discharge a legal duty described in the writ ; and 
the writ of Injunction, which commands the respondent 
to do or not to do a certain prescribed act. 

Overlapping Powers. — The president's lawmaking 
(veto) and treaty-making powers, his judicial power to 
pardon criminals ; the senate's power in connection with 
the appointment of federal judges and other officers, its 
judicial powers of impeachment, and of judging of the 
qualifications of its own members ; and the powers of the 
house similar to these judicial powers of the senate, are 
sometimes spoken of as *' overlapping powers." 

1 United States Constitution, Article III., Section 2. 



298 GOVERNMENT OF THE NATION 

Federal Finances. — Although the officers and em- 
ployees of the various departments of the government 
number more than 450,000, their salaries form only a small 
part of the expenses of the government. The expenses 
for the year ended June 30, 1917, were as follows i^ 

Army $401,000,000 

Navy 257,000,000 

Pensions 160,000,000 

Indians 30,000,000 

Rivers and Harbors 30,000.000 

Interest on Public Debt . 25,000,000 

Civil Establishment and Miscellaneous 235,000,00c 

The war with Germany caused a tremendous increase of 
expenditures, which was met partly by increased revenue 
and partly by the sale of bonds. 

The income of the national government is derived 
largely from customs duties and from internal revenue 
(page 214), to which should be added the returns from 
the tax on the earnings of corporations, and the income 
tax and other taxes. The receipts from the postal service 
have often not been quite great enough to pay for its cost, 
but in 191 7 the rates were increased so as to provide a 
revenue from that source. Receipts from the sale of public 
lands are of dwindling importance. Small sums are received 
also from the occasional sale of other public property. 

Public Debt. — The amount of interest-bearing national 
debt in 191 5 was ^971,000,000. In the year 1917 the debt 
was increased over ^5,800,000,000. The interest-bearing 
debt in 1816 was $127,000,000; in 1835, $34,000; 

^ Congress has recently passed laws for cooperating with the States to a lim- 
ited extent in paying for good highways and for vocational education — that 
is, instruction in agricultural, trade, industrial, and home econonaics subjects. 



DEPARTMENTS OF UNITED STATES GOVERNMENT, 299 

in i860, ;^65,ooo,ooo; in 1865, ^2,381,000,000; in 1898, 
$847,000,000; in 1899, $1,046,000,000. The debt is 
created by authority of acts of Congress. It is paid as it 
falls due, out of surplus revenue, or else it is renewed or 
refunded by issuing new bonds. ^ 

Growth of Government. — The first eleven amendments 
(pp. 268-271) to the constitution were additional limitations 
to the power of the federal government. The twelfth 
(p. 291) changed the manner of electing the president and 
vice president. The thirteenth, fourteenth, fifteenth, and 
sixteenth (p. 347) amendments enlarged the powers of the 
national government. The seventeenth (p. 348) changed 
the mode of electing senators. 

The provision of the fourteenth amendment forbidding any State to 
" deprive any person of life, liberty or property without due process of 
law " has been interpreted as giving the national courts jurisdiction over 
a large number of cases previously settled in State courts only. 

The provision that " all persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside " settled a question that 
had been in dispute since the beginning of the government. It makes 
State citizenship dependent on federal. This and the war which led 
up to it also settled the question of the citizen's allegiance : that alle- 
giance is not divided, but double ; he must obey the government of both 
State and nation, but primarily that of the nation. 

But the changes formally made by amendments repre- 
sent by no means all the growth and development of the 
national government. For instance, the very important 
power of the supreme court to declare an act of Congress 
unconstitutional, is not set forth in the constitution or in 

1 Our debt is less in proportion than that of most other countries; e,g. in 
19 1 3 the debt of Great Britain was about ^3,527,000,000; France, ^6,000,000,- 
000; Spain, ^1,800,000,000, — all countries of smaller population. 



300 GOVERNMENT OF THE NATlOM. 

any amendment. It may be considered part of an un- 
written constitution (see page 115) which we possess along 
with our written one. Other unwritten provisions which 
have come to have almost the force of clauses in the con- 
stitution are: (i) that no person shall be elected president 
more than two terms in succession ; (2) that the presi- 
dential electors shall each vote for the nominee of his 
party ; (3) that the heads of the great executive depart- 
ments shall act as the president's cabinet.^ The force of 
each provision rests merely upon precedent ; that is, each 
of these rules is felt to be binding because it has been 
recognized as proper in so many preceding cases. 

President's Term, — In the constitutional convention vari- 
ous terms of office were proposed for the president; for 
some time the prevailing opinion was that it should be six 
years, and that he should not be eligible for reelection. A 
short term is objectionable as causing too frequent changes 
in the policy of the government ; a long term, as putting it 
in the power of a president to defy the will of the people too 
long. The constitution does not forbid any number of re- 
elections ; but Washington and Jefferson established the 
precedent of refusing a third term. 

The Electoral College, — The framers of the constitution 
expected that the electors would exercise individual judg- 
ment in voting for president, and that the president would 
act independently of political parties. On the contrary, it 
soon came about that the function of the electors was 
merely to register votes for candidates previously selected 
by parties : wooden counters would do as well. Not only 
is the president now nominated by the national convention 

1 The possibility has been suggested that in the "House of Governors" 
(p. 159) we may see the beginning of another provision of this kind. 



DEPARTMENTS OF UNITED STATES GOVERNMENT, 301 

of a political party, but after election he acts as the leader 
of his party. Because of his power to appoint many officers, 
and his ability to gain a hearing from the people, he can 
bring great pressure to bear on members of Congress. 
Thus he really exercises far greater control of legislation 
than is given by his mere veto power. 

The Cabinet. — The constitution does not contain the word 
'* cabinet." It provides that the president *' may require, 
in writing, the opinion of the principal officer in each of 
the executive departments, upon any subject relating to the 
duties of their respective offices." ^ Gradually it came 
about, instead, that the heads of departments hold regular 
meetings where they act as advisers of the president, upon 
all questions he may choose to lay before them. Their 
positions are highly important and influential ; but as 
cabinet members they are merely advisers. The president 
need not take the advice given ; on the contrary, the presi- 
dent may direct each as to the conduct of his department, 
and remove him if he does not obey. Power and respon- 
sibility are thus concentrated in the president alone. 

The cabinet officers also make reports for the use of Congress and 
have much influence on that body ; but they are not members of Con- 
gress, and cannot even speak on the floor of the national legislature. 
In this detail our cabinet system is in marked contrast with that of 
Great Britain and France, where the cabinet ministers or heads of de- 
partments are members of the national legislature and often speak there. 

SUMMARY 

United States government, like State and local govern- 
ments, is carried on in three departments — legislative, exec- 
utive and judicial. Congress is the chief branch of the 

^ United States Constitution, Article II., Section 2, 



302 GOVERNMENT OF THE NATION. 

legislative department. The president is at the head of 
the executive department. The judiciary department is 
composed of United States courts and judges. 

Congress is composed of a senate of two members elected 
from each State by popular vote, and of a house of repre* 
seatatives, with members from each State in proportion to 
its population, elected also by direct vote of the people. 

Each particular Congress lasts two years, and has two 
regular sessions. The long session begins in December of 
the year following the election of members of the house. 
The short session begins in the following December and 
ends at noon on the fourth day of the following March. 

United States laws are passed by Congress in much the 
same way as laws are passed by the State legislature. The 
president has a veto over bills passed by Congress. 

The president, by and with the advice and consent of the 
senate, appoints ambassadors, ministers and consuls to rep- 
resent the United States in foreign nations, negotiates trea- 
ties between the United States and such nations ; and 
appoints the following heads of departments known as the 
''* president's cabinet" : secretary of state, secretary of war, 
secretary of the treasury, secretary of the navy, secretary 
of the interior, postmaster-general, attorney-general, secre- 
tary of agriculture, secretary of commerce, and secretary 
of labor. The president is commander in chief of the 
United States army and navy. 

The judiciary department is composed of the United 
States supreme court, the circuit courts of appeals, the 
district courts, and various special courts. These courts 
have jurisdiction generally of questions involving the con- 
stitution, laws, and treaties of the United States, and the 
conduct of United States citizens on the high seas. 



DEPARTMENTS OF UNITED STATES GOVERNMENT. 303 

SUGGESTIVE QUESTIONS. 

Describe the method of electing United States senators, 
and state the requirements for senators, as to age, residence, 
and citizenship. What constitutional provision keeps a 
large portion of the senate in comparatively close touch 
with the people ? 

How is the number of representatives to which a State 
is entitled in the house of representatives determined ? 
Who may vote for representatives ? 

How is the speaker of the house of representatives 
chosen ? Describe, in a general way, his power to influence 
legislation. 

What legislative work is performed by committees of the 
senate and house of representatives t 

Give in detail the steps necessary to pass a bill over the 
president's veto. What kind of bills must originate in the 
house of representatives } Why .? 

What provision of the constitution protects freedom of 
debate in Congress ? 

Name three powers of the president in connection with 
the work of the executive department. 

What is the difference between an ambassador or minis- 
ter, and a consul } What important difference between 
their legal rights while residing in a foreign country? 
How are treaties between the United States and foreign 
governments made } 

May the president of the United States declare war 
against a foreign nation } 

What constitutional prohibition controls the president's 
power to prosecute war } 

What is a president's "message"? How is the presi- 



304 GOVERNMENT OF THE NATION. 

dent's power of appointment limited by the civil service 
laws ? 

Name the members of the cabinet, and describe the duties 
of each. What department controls United States pen- 
sions? Indian affairs? Which conducts explorations? 
Which grants patents? Which has charge of matters re- 
lating to education? Describe the work of United States 
marshals; of United States district attorneys. 

Name in their order the officers entitled to succeed the 
president on his death or inability to perform the duties of 
his office. 

Describe in detail the manner of electing the president 
and vice president. Who and what are presidential electors ? 

Describe the proceedings in an impeachment of the 
president of the United States. 

What good reason for the establishment of United States 
courts, independent of State judicial tribunals ? Name the 
courts of the United States in their order, and describe gen- 
erally the jurisdiction of each. How are the judges of 
these courts chosen ? For what term of office ? When 
may a case begun in a State court be removed to the United 
States supreme court? Describe the constitutional pro- 
vision providing for jury trials in United States courts. 

What work is done by the United States court of 
claims ? 

ADDITIONAL READING. 

Bryce's American Cominonwealth^ Volume I., Part I., Chapter 
XII., "The Senate; Its Working and Influence"; Chapter XIII., 
"The House of Representatives"; Chapter XIV., "The House at 
Work"; Chapter XV., "The Committees of Congress"; Chapter 
XVIII., "Relations of the Two Houses"; Chapter VI., "Presiden- 
tial Powers and Duties " ; Chapter IX., " The Cabinet " ; Chapter 



DEPARTMENTS OF UNITED STATES GOVERNMENT, 305 

XX., "Relations of Congress to the President"; Chapter XXII., 
"The Federal Courts"; Chapter XXXIII., "Interpretation of the 
Constitution." 

GENERAL BIBLIOGRAPHICAL NOTE. 

For a manual of constitutional law, see Cooley's General Principles 
of Constitutional Law in the United States of America, For the sources 
and general principles underlying constitutional government in Amer- 
ica, see Hannis Taylor's The Origin and Growth of the English 
Constitution^ Part I., introductory chapter; Stubbs's Constitutional 
History of England ; Freeman's Growth of the English Constitution 
from the Earliest Times; Fiske's American Political Ideas Viewed 
from the Standpoint of Universal History ; Green's Short History of the 
English People; Howard's Introduction to the Local Constitutional 
History of the United States in the Johns Hopkins University Series of 
Historical and Political Studies ; Hildreth's History of the United 
States^ Volumes I., IL and III.; Bancroft's Formation of the Constitu- 
tion of the United States ; Schouler's Constitutional Studies. Douglas 
Campbell in The Puritan in England^ Holland and America at- 
tempts to trace the origin of many of our political institutions to the 
Dutch. C. E. Stevens in Sources of the Constitution of the United 
States combats Campbell, taking the view that most American politi- 
cal institutions come from the English. 

For the growth and development of constitutional government in 
New York, see Broadhead's History of New York ; Documents Relating 
to the Colonial History of the State of New York, especially " Holland 
Documents," Volumes I. and II. ; the Historical Note in Volume I. 
of the Colonial Laws of New York, compiled by the Statutory Re- 
vision Committee ; Lamb's History of the City of New York ; Hill's 
Development of Constitutional Law in New York State ; Elting's Dutch 
Village Communities on the Hudson ; Thwaites's Colonies, Chapters IX. 
and X. ; Fiske's Dutch and Quaker Colonies, The Rise of the Dutch 
Republic by John Lothrop Motley, condensed and continued by Wil- 
liam Eliot Griffis, contains many references to Dutch institutions and 
influences that have contributed to the formation of American politi- 
cal institutions. 



CHAPTER XXIV. 
The United States and Other Nations. 

An account of the governments affecting the people of 
New York does not end with a description of the govern, 
ment of the United States. As New York is a member ol 
the United States, bound by all the common laws of the 
Union, so the United States is a member of the great family 
of civilized nations, bound by all the common customs and 
rules regulating the intercourse of such nations. The cus- 
toms, rules and agreements, regulating the intercourse 
of civilized nations with one another are known as inter- 
national law. 

International Law Differs From State and National 
Law. — International law differs from the laws of the State 
and of the United States in this important particular, that 
while the latter are mainly positive written enactments, that 
may be enforced by State and national executive officers, in- 
ternational law, on the contrary, is made up chiefly of cus- 
toms that have been gradually adopted, the enforcement of 
which depends largely upon the honor of the nations recog- 
nizing the obligation of such law.^ There is no power out- 
side of a nation to force it to observe the rules of interna- 

' International law is a system of rules adopted by the free choice of cer- 
tain nations, for the purpose of governing their intercourse with each other, 
and not inconsistent with the principles of natural justice. It has grown up 
by degrees, and has been submitted during its progress to sundry modifica- 
tions. It is the most voluntary of all codes — Woolsey, Introduction to thi 
Study of International Law, 
306 



THE UNITED STATES AND OTHER NATIONS. 307 

tional law, unless it be the power of some other nation or 
nations making war upon it. 

Official Intercourse between Nations Conducted by 
Ambassadors, Ministers and Consuls. — Intercourse be- 
tween the governments of civilized nations, as we have 
already seen, is officially carried on by officers known as 
ambassadors, ministers and consuls. The two former are 
known as diplomatic officers. They aid in the negotiations 
of treaties and represent generally their governments before 
the governments to which they are sent. A consul, on the 
other hand, is usually only a business agent who looks after 
the commercial interests of his government, and after the 
interests of any of its citizens, who may be in the country 
to which he is sent. All these officers when performing 
their official duties, usually reside in the territory of the 
nation to which they are accredited. 

Ambassadors and Ministers. — Ambassadors and minis- 
ters represent different ranks of diplomatic officers, the 
former being the highest of such officials, and sent only to 
and from the great powers. Thus the United States sends 
to and receives from such nations as France, Germany, 
Great Britain, and Brazil, officials known as ambassadors 
extraordinary and plenipotentiary; while it sends to and 
receives from such powers as Belgium, Bolivia, and Den- 
mark, officers known as ministers extraordinary and pleni- 
potentiary. Ambassadors extraordinary and plenipotentiary 
of the United States have the full power of the highest 
diplomatic officers, and receive annual salaries of $17,500 
each. Ministers plenipotentiary have full powers of dip- 
lomatic officers, but receive salaries ranging from $5,000 to 
$12,000. A still lower grade of minister is the minister 
resident, sent to such powers as Liberia. 



3o8 INTERNATIONAL RELATIONS. 

Rights and Privileges of Ambassadors and Ministers.— 
An ambassador or minister, though residing at the capital 
of the foreign nation to which he is sent, is subject in no 
way to the laws of the foreign government. His person, 
his official residence, and family, are considered as being 
within the territory and under the laws of the government 
that sends him. If a diplomatic official commit a crime 
against the laws of the country to which he is sent, he may 
be returned to his own country as a persona non grata — a 
person not satisfactory as a diplomatic representative. 

Consuls, Their Rights and Duties. — A consul, unless 
there be special agreement to the contrary, has no such ex- 
traordinary rights and privileges as an ambassador or minis- 
ter. Consuls are sent by the different civilized governments 
to the chief ports of all foreign nations, and while there are 
subject to the ordinary laws, civil and criminal, of the nation 
to which they are sent. A consul's duties are determined 
by the laws of the country sending him, and by treaty. 
Some of the duties of the United States consuls in foreign 
countries, are to look after the interests of American ships 
and seamen, and other citizens of the United States while 
abroad, to give certificates for various purposes, and to make 
reports to our government on conditions of industry and 
trade. 

Treaties. — The details of the intercourse between differ- 
ent civilized nations, are now usually very largely regulated 
by formal agreements known as treaties. Any two nations 
may unite in making any treaty, that does not violate the 
accepted principles of international law. Each government 
enforces the provisions of its treaties upon its own citizens. 
Should a treaty be violated by one of the governments en- 
tering into it, the other may regard it as broken, and de- 



THE UNITED STATES AND OTHER NATIONS. ^og 

mand redress; or, it may still require the observance of the 
treaty. But such a demand or requirement could be en- 
forced only by act of war. 

Rights of Travelers in Foreign Countries. — Travelers in 
foreign countries are subject to the laws, civil and criminal, 
of the countries through which they pass, and they may, as 
a rule, be tried and punished by the local authorities for 
violating such laws. The same is true of citizens of one 
country residing temporarily in another. But every govern- 
ment is bound to protect its own citizens in person and 
property, against arbitrary and unjust acts committed in an- 
other country. 

Foreign Governments May Return Escaped Criminals. 
— By treaties made between two governments, a person 
who commits a crime in one country and escapes to an- 
other, may, on demand of the officers of the former country, 
be given up to them to be tried in the place where the 
crime was committed. This formal surrender of an escaped 
criminal is known as extradition, and treaties providing for 
such surrender of criminals are extradition treaties. Polit- 
ical offenders are not usually included among the persons to 
be returned under extradition treaties. 

Tariffs and Embargoes. — The free commercial inter- 
course between nations is, as we have seen, frequently re- 
stricted by tariff laws, imposing taxes on imported goods. 
Such a law may be simply a means of raising revenue for 
the government making the law ; or it may be enacted to 
protect domestic manufacturers against the free competition 
of foreign manufacturers ; or it may be a retaliatory measure 
against a government that refuses to admit the products of 
another nation. On the other hand, as we have also seen, 
two governments may enter into a reciprocity treaty, whereby 



310 iNTERNATIOiVAL RELATIONS. 

each country agrees to admit freely the products of the other. 
By an act of embargo, all the vessels, domestic and foreign, 
in the ports of a country, may be prohibited from leaving 
these ports during a certain specified time. Tariffs and 
embargoes are enforced by the government enacting them. 

When Nations go to ^A^a^. — Nations at vi^ar with each 
other are known as belhgerents, and all other nations as 
neutrals. Combatants are members of the military and 
naval forces, actually engaged in v^ar. Noncombatants 
are citizens of the belhgerent nations not directly engaged in 
prosecuting the war. Combatants may be legally killed or 
taken prisoners of war by the forces of the belhgerent nations. 
Noncombatants may neither be killed nor captured. The 
citizen noncombatants of one nation may be allowed to re- 
main within the territory of another nation at war with it, 
or they may be ordered to leave the territory with their 
goods and property. While they remain legally and peace- 
ably within the territory of their enemy, noncombatants 
are entitled to the protection of his laws. 

The Declaration of War. — War usually begins by a 
formal public declaration of war by the governments con- 
cerned, though actual fighting may precede such a declara- 
tioUc The declaration of war is a notice to the citizens of 
belligerents and neutrals, that a state of war exists, and that 
they must regulate their actions accordingly. After a formal 
declaration of war, all intercourse and trade between the 
belligerent nations is supposed to cease, and contracts made 
between the subjects of one belhgerent and those of another 
are void. War is ended by a formal treaty of peace between 
the belligerent governments. Property captured after the 
adoption of a treaty of peace, must be restored to the orig- 
inal owners. 



THE UNITED STATES AND OTHER NATIONS. 311 

Property Rights During War, — Only public property 
used for the purpose of prosecuting the war, may be de- 
stroyed or captured by a belligerent under the rules of in- 
ternational law. Thus forts, guns, ammunition, ships, mili- 
tary and naval stores of all kinds, railroads engaged in trans- 
porting troops and supphes, are subject to capture and con- 
fiscation by an enemy. Private property belonging to an 
enemy's subjects, and not used for prosecuting the war, may 
not be destroyed or captured. An exception to this rule is 
made in the case of the private property of an enemy's sub- 
jects when on ships at sea. All the merchant vessels of an 
enemy, with their crews and cargoes, are subject to capture. 
Such captures are called prizes of war, and belong to the 
government making the capture. Another exception is 
where an invading army finds it necessary to subsist wholly 
or partly upon the country invaded. In such cases the 
property of noncombatants may be taken for use of the 
invading army. The rule is to pay for such property, but 
it is not always observed. 

Rights and Duties of Neutrals. — It is the duty of the 
governments of neutral nations to in no way aid either of 
the belligerents during the prosecution of a war; but neutral 
governments are not always responsible for the acts of their 
subjects. A neutral nation has the right to forbid the trans- 
portation of the troops or supplies of a belligerent across its 
territory ; and no fighting may be done or captures made 
within the jurisdiction of a neutral, either on land or water. 
The subjects of a neutral nation may as a rule, freely con- 
tinue their trade with the subjects of the belligerent nations; 
and a belligerent may not disturb goods belonging to the 
subject of a neutral nation, even though these goods be 
captured upon a merchant vessel belonging to the subjects 



312 



INTERNATIONAL RELATIONS. 



of a belligerent enemy. The war ships of beUigerents may 
freely visit neutral ports, in the same manner as the mer- 
chant vessels of belligerent nations ; but war vessels may 
not take on military stores at neutral ports, neither may 
privateers be fitted out in such ports. 

Contraband of War. — An exception to the rule that the 
goods of neutral subjects may not be captured by belliger- 
ents, is in the case of property known as contraband of war. 
This is property, such as arms, ammunition, horses, military 
and naval stores, that may be used in directly prosecuting 
the war. Such contraband of war, the subjects of a neutral 
nation have no right to supply to either beUigerent; and 
contraband of war destined for a belligerent, may be cap- 
tured and confiscated by the other belligerent, even upon 
the vessels of neutrals. But no such captures may be made 
within the territory of a neutral nation. The belligerent 
governments have a so-called right of search, which they 
may exercise upon any neutral private merchant vessel 
when on the high seas, in order to ascertain if contraband 
of war be on board. Such a vessel refusing to be searched, 
may be captured by the belligerent as a prize of war.^ 

' Each belligerent government usually decides for itself what particular 
article will be considered and captured as contraband of war, when about to 
be supplied to the opposing belligerent. The government of the United 
States during our late war with Spain issued the following order to our navy 
relative to contraband of war : 

" The term contraband of war comprehends only articles having a belliger- 
ent destination, as to an enemy's port or fleet. With this explanation the 
following articles are, for the present to be treated as contraband : Absolute con- 
traband — ordnance ; machine guns and their appliances, and the parts thereof; 
armor plate, and whatever pertains to the offensive and defensive armament 
of naval vessels ; arms and instruments of iron, steel, brass, or copper, or of 
any other material, such arms and instruments being specially adapted for 
use in war by land or sea ; torpedoes and their appurtenances ; cases fpl 



THE UNITED STATES AND OTHER NATIONS. 313 

Blockades. — During the progress of a war one belligerent 
often blockades the ports or coasts of the other belligerent. 
Under the rules of a blockade, no vessel may leave or enter 
a blockaded port, without permission of the party blockad- 
ing it. The same is true as to communicating by land with 
a city that is blockaded on the land side. Neutral vessels 
attempting to enter or leave a blockaded port, may be cap- 
tured and confiscated as prizes of war. But a blockade, to 
be effective under the rules of international law, must be 
actually maintained by the armed forces of the belligerent. 
Formal notice of the existence of a blockade must be given 
by the belligerent enforcing it, in order to make lawful the 
confiscating of property belonging to citizens of neutral 
nations attempting to pass the blockade. 

Privateers and Privateering. — Private war vessels, as we 
have seen, may be fitted out to prey upon an enemy's com- 
merce during the existence of war. Such vessels are called 
privateers, and they are given authority to make captures, 
by a belligerent government issuing to the owner of a 
privateer, so-called letters of marque and reprisal.^ By a 
treaty concluded at Paris in 1856, the principal European 
powers agreed to license no privateers in future wars among 
themselves. The United States has refused to unite in such 

mines, of whatever material ; engineering and transport materials, such as 
gun carriages, caissons, cartridge boxes, campaigning forges, canteens, pon. 
toons; ordnance stores ; portable range finders; signal flags destined for naval 
use ; ammunition and explosives of all kinds ; machinery for the manufacture 
of arms and munitions of vi'ar ; saltpeter ; military accoutrements and equip- 
ments of all sorts ; horses. Conditionally contraband — coal, when destined 
for a naval station, a port of call or a ship or ships of the enemy ; materials 
for the construction of railways or telegraphs, and money, when such mate- 
rials or money are destined for the enemy's forces ; provisions when destine^ 
for an enemy's ship or ships or for a place besieged," 
I See " War Powers," Chapter XXII, 



3M 



INTERNA TIONAL RELA TIONS. 



an agreement, but the president, during our late war with 
Spain, announced the determination of our government to 
adhere during the war to the anti-privateering clause of the 
Paris treaty. 

Arbitration. — Arbitration, instead of war, is coming more 
and more to be a method of settling disputes between na- 
tions. It is the custom of each government in dispute, to 
choose some one or more impartial ofificials of a government 
not interested in the dispute, to be known as arbiters to 
vv^hom the disputing governments agree to leave the ques- 
tion at issue. There is no actual force, however, to compel 
a nation to submit to the decision of such a court of arbitra- 
tion, although it is morally bound to submit. 

The Hague Conference and Treaty. — At the call of the 
Czar of Russia, accredited representatives of twenty-six of 
the leading powers of the world met in 1899, at The Hague, 
in what is known as The International Peace Conference,^ 
and agreed upon a treaty, which has since been ratified by 
the governments represented. This treaty provides: 

First, In case of serious disagreement between any two 
of the powers ratifying the treaty, before there is a resort 
to actual war, that one more of the other powers may offer 
their services as mediators between them ; further, that each 
of the powers at variance " may choose respectively a 
power tO' whom they may intrust the mission of entering 
into direct communication with the power chosen on the 

J Representatives of the following-named powers attended The Hague 
Conference, and agreed to the treaty for arbitration : Austria, Belgium, 
Bulgaria, China, Denmark, France, Germany, Great Britain and Ireland, 
Greece, Holland, Italy, Japan, Luxembourg, Mexico, Montenegro, Persia, 
Portugal, Roumania, Russia, Servia, Siam, Spain, Sweden and Norway, 
Switzerland, Turkey, and the United States of America. The governments 
of all these powers have formally ratified the work of the conference. 



THE UNITED STATES AND OTHER NATIONS. 315 

other side/* with the object of preventing, if possible, the 
war ; and that for a period of thirty days the States in con- 
flict shall cease from all direct communication on the sub- 
ject in dispute, to allow, if possible, the arbiters so selected 
to settle it in a peaceable manner. 

Second, That when differences of an international nature 
arise, " involving neither honor nor vital interests, but aris- 
ing from a difference of opinion on points of fact," but upon 
which the parties are unable to agree, they shall as far as 
possible, leave the facts in dispute to an International Com- 
mission of Inquiry selected from a Permanent International 
Court of Arbitration. 

Third, A Permanent International Court of Arbitration, 
composed of not more than four persons ** of known com- 
petency on questions of international law, and of the high, 
est moral reputation,'* appointed for a term of six years 
each, by each of the governments ratifying the treaty, is 
established with permanent headquarters at The Hague. 
Powers in dispute may choose arbiters from the members 
of this court. In the absence of an agreement, such 
tribunal of arbitration is to consist of five arbiters, of 
whom each of the disputing states shall name two. The 
four so named are to choose a fifth ; but in case of a tie the 
fifth arbiter is to be chosen by a power agreed upon, or by 
two powers severally designated by the disputing states. 
This tribunal is to have its ordinary seat at The Hague, and 
its award or decision is to be morally binding upon the 
parties submitting to its arbitration. The Permanent Inter- 
national Court of Arbitration is also to be open to the set- 
tlement of disputes between nations not parties to The 
Hague conference, if these nations wish to accept its 
services. 



3i6 INTERNATIONAL RELATIONS. 

The Hague Conference and the Monroe Doctrine.^— 

A special proviso accompanying the signatures of the 
American delegates to the treaty adopted by The Hague 
conference reads : 

^' Nothing contained in this convention shall be so construed as to 
require the United States of America to depart from its traditional 
policy of not intruding upon, interfering with, or entangling itself in the 
political questions or internal administration of any foreign state ; nor 
shall anything contained in the said convention be so construed as to 
require the relinquishment by the United States of America of its tradi- 
tional attitude towards purely American questions." 

Recognition of Belligerency in Case of Rebellion. — War 
sometimes arises between a government and some portion 
of its own subjects. This is known as rebellion or revolu- 
tion. In such cases difficult questions often arise as to the 
rights and duties of neutrals towards the fighting parties ; but 
it is a general rule of international law that every de facto 
government, that is every existing government, is sacred 
from arbitrary interference by outside powers. Circum- 
stances sometimes arise, however, owing to the weakness 
or inability of the de facto government to put down the re- 
bellion, or owing to the establishment of an independent 
government by the rebellious subjects, when the so-called 

^ The Monroe Doctrine was set forth by President Monroe (1823) in a 
message to Congress, at a time when certain European monarchs were pro- 
posing to help Spain reconquer the newly formed Spanish-American republics 
in South America. He asserted that, while the United States intended to 
take no part in the affairs of European states, we should look upon *' any 
attempt on their part to extend their system to any portion of this hemisphere, 
as dangerous to our peace and safety "; and that an attempt to reconquer the 
South American republics would be regarded by us " as the manifestation of 
an unfriendly disposition towards the United States.'' The United States 
applied the Monroe Doctrine to drive an attempted French monarchy out of 
Mexico in 1865, and to force Great Britain to arbitrate a boundary dispute 
with Venezuela in 1895. 



THE UNITED STATES AND OTHER NATIONS. 317 

rebel government may be recognized as a belligerent by 
outside powers, and accorded all the rights of belligerency. 

Governments on an Equality under International Lraw. 
— We have seen that every de facto government is accorded 
equal rights under the rules of international law. This is 
true, whatever the form or origin of the government. Thus 
a despotic government, hke Abyssinia or Siam, stands upon 
an equality with liberal governments like the United States 
and France. So the fitful revolutionary governments of 
some of the Spanish American repubhcs must, while they 
exist, be treated on equal terms with the most stable gov- 
ernment of the great powers; and this brings us to a brief 
consideration of existing forms of leading governments. 

The Monarchy. — One of the oldest known existing forms 
of government is the monarchy. The word is derived from 
the Greek words — monosy meaning sole or only, and archein, 
meaning to rule. In a monarchy, a great part of the power 
of government is usually centered in a single person — the 
monarch — who is called variously — king, queen, sultan, czar, 
etc. The monarch usually inherits his office, although he 
is sometimes elected ; and he holds the office for life, unless 
he voluntarily abdicate, or be deposed. Monarchies are ab- 
solute and limited. In an absolute monarchy, or despotism, 
the monarch possesses supreme power and authority in the 
government. The completely absolute monarchies still ex- 
isting are found among obscure peoples in Africa and Asia. 
In a limited or constitutional monarchy the power of a mon- 
arch is limited by a legislature representing the people, and 
by a constitution, written or unwritten. Great Britain and 
Germany are conspicuous examples of constitutional mon- 
archy. Germany, however, is a nearly absolute monarchy, 
where emperor and nobles can usually force the legislature 



3l8 INTERNATIONAL RELATIONS, 

to pass a law ; while in Great Britain the monarch has be- 
come little more than a figurehead, the British parliament 
being the supreme law-making power, and its laws being 
carried out by an executive department, headed by a cab- 
inet composed of members of parliament. 

The Aristocracy. — In former times, there existed certain 
forms of government, in which the supreme power rested 
in the hands of a comparatively small body of citizens. 
These citizens held their positions because of noble birth or 
great wealth. Such a form of government is called an aris- 
tocracy, from the Greek words, aristoSy meaning best, and 
kratoSy meaning strength. The government of Great Britain 
at the beginning of the nineteenth century might be termed 
an aristocracy, for the entire administration rested in the 
House of Lords, and in the Crown. One branch of the 
legislative body in nearly all European monarchies, is com- 
posed principally of men inheriting their offices because of 
noble birth, thus bringing the aristocratic element promi- 
nently into these governments. 

The Democracy. — Democracy, from the Greek word 
demos, meaning the people, and kratos, strength, is a form 
of government in which the great mass of the people have 
a voice. In ancient times, certain small states were almost 
pure democracies. Thus, in ancient Athens, every citizen 
had a right to appear and vote in the popular assembly that 
ruled the state. We have seen that the local government 
of a modern New York town meeting, in which every voter 
has a right to speak and vote, is an example of almost 
purely democratic government. In some cantons of Swit- 
zerland, local government at the present time is carried on 
in a popular democratic assembly, attended by all the voters 
of the canton. 



THE UNITED STATES AND OTHER NATIONS. 319 

The Republic. — A republic is a form of democracy, in 
which the mass of the people choose representatives to 
make and enforce the laws. Such is the form of government 
in the United States. What chiefly distinguishes the repub- 
lic from the limited monarchy, with its elective monarch, is 
the fact that in the repubUc, the legislative and executive 
officers are chosen for short periods, and that as a rule all 
male citizens have a right to help elect them ; while in the 
hmited monarchy, the monarch is chosen for life, and though 
some of the legislators may be chosen by the people for 
short periods, many of them inherit their offices and hold 
them for life. 

Advantages of the Republican Form of Government. — 
The form of government known as the democratic republic, 
with its written constitution, gives to the mass of the people 
living under it a greater degree of freedom, and at the same 
time, more stability of institutions, than either the monarchy 
or the pure democracy.^ The monarchy, with vast powers 
centered in a single individual, is pecuHarly strong as an ex- 
ecutive government ; and because of this, its powers are 
often used so as to result disastrously to the freedom of its' 
subjects. A pure democracy, on the other hand, unre- 
strained by a stable constitution, is likely to suffer from ill- 
advised and easily effected changes. 

Great Britain (p. 318), however, has a government that 
is unusually efficient and unusually responsive to the will 
of the people. It is practically a republic, though formally 
classed with limited monarchies. Its cabinet is chosen 
from the party that has a majority in the House of 
Commons, and may be deposed at any time by that house, 
so that the executive and legislative branches of the govern- 

^ See Chapter III., page 29, " Importance of Local Government." 



320 INTERNATIONAL RELATIONS, 

ment are always in harmony. On the other hand, the 
cabinet may at any time dissolve the House of Commons 
and call for a new election, thus ascertaining the will of 
the people on any question in dispute. 

Kinds of Republics. — The United States is a federal 
republic ; that is, only part of the powers of government 
are exercised by the nation as a whole, the remainder 
being exercised by the several States of which the nation 
is composed. The local self-government which is thus 
made possible, is as desirable as the power and unity 
wielded by the general government in larger affairs. 
Switzerland is another example of a federal republic. If 
the central government is made very weak, so that the 
country is a league or partnership of practically independ- 
ent states, the union is called a confederation. On the 
other hand, a centralized republic, like France, is one in 
which all the pg^wers are exercised by the central govern- 
ment, local self-government being suppressed. 

Origin of Governments. — From our study of the local. 
State, and National governments we see that govern- 
mental institutions are a growth, with roots running hun- 
dreds of years back into the life history of the people. 
Governments may not be put on and off like a coat or 
cloak. They grow with the growth of the state. A wise 
and just people will develop a just and rational form of gov- 
ernment, just as an unwise, weak and immoral people is 
Hkely to suffer from an unjust and unwise form of govern- 
ment. 

SUMMARY. 

The customs, rules and agreements, regulating the inter- 
course of civilized nations with one another, are known as 



THE UNITED STATES AND OTHER NATIONS, 321 

international law. The obligations of international law are 
voluntarily assumed, and cannot be enforced by one nation 
as against another, except by act of war, or by voluntary 
submission to the decision of a court of arbitration. 

Official intercourse between nations is conducted by am- 
bassadors, ministers, and consuls, and is usually regulated 
by agreements, called treaties- 

Nations at war with each other are known as belligerents. 
Other nations are known as neutrals. Under the rules of 
international law, the government of a neutral nation has no 
right to aid or hinder a belligerent in prosecuting any war. 

Property belonging to the subjects of neutral nations, 
that is consigned to a belligerent for use in prosecuting the 
war, is known as contraband of war; and it may be seized 
and confiscated when in transportation on the high seas, by 
the opposing belligerent. Belligerents have a right to 
search neutral vessels for contraband of war ; and a vessel 
refusing to allow such search, may be captured by the bel- 
ligerent as a prize of war. 

All actual governments, whatever their origin, form or 
strength, stand on an equality under the rules of interna- 
tional law; and no nation ha^ a right, without just cause, 
to interfere in the affairs of another nation. 

Most modern civilized governments may be classified as 
monarchies, absolute and limited, or as republics. Under 
an absolute monarchy the individual citizen has least power 
in the affairs of government ; under a republic, greatest 
power. 

SUGGESTIVE QUESTIONS, 

Define international law. How does it differ from State 
and national law } How is it enforced } 



322 INTERNATIONAL RELATIONS. 

Describe the difference between the powers and duties of 
ambassadors and ministers, and the powers and duties of 
consuls. 

What is extradition ? What class of offenders is not 
usually subject to extradition ? 

Define belligerent, neutral, combatant, noncombatant, 
declaration of war, prize of war. 

What is the duty of a neutral government in time of 
war? 

What is contraband of war ? 

Describe the right of search that may be exercised by a 
belligerent. 

What is a blockade ? What facts are necessary to render 
a blockade lawful, as against the ships of neutral nations ? 
What is a privateer ? How are privateers commissioned ? 

What general rule of international law applies equally to 
every de facto government ? 

Define absolute monarchy, limited monarchy, aristocracy, 
democracy, democratic republic. ' What advantages has a 
constitutional republic over a monarchy ? Over a pure 
democracy ? 

ADDITIONAL READING. 

On the general subject of international law, read Woolsey's Intro* 
duciion to the Study of Internatio7ial Law, the introductory chapter ; 
also Part I., Chapter I., " The Rights of States as Independent Sover- 
eignties." On the rights and duties of Belligerents and Neutrals, see 
the same work, Part II., Chapter XL, **The Relations Between Bel- 
ligerents and Neutrals." 



CHAPTER XXV. 
Personal and Property Relations. 

In our study of the State, we learned that the great body 
of laws regulating social and business relations, are State 
laws.^ We saw that most ordinary crimes are defined and 
punished by the State ; that the State guarantees to its citi- 
zens the enjoyment of the civil rights of personal security, 
personal liberty, and private property ; ^ and that it defines 
the legal rights and duties of husband and wife, parent and 
child, employer and employee. In the same way the State 
defines the rights and obligations of persons who enter into 
ordinary business agreements, known as contracts ; lays 
down the law regulating the purchase, sale, or rent of 
houses and lands ; and the law governing the distribution of 
property left by persons deceased. 

Let us examine in detail some of the laws regulating 
these personal and property relations in New York State. 

Sources of State Law.— We have learned that the great 
body of State law consists of provisions laid down by the 
people in the constitution, and of statutes enacted by the 
legislature. But there is still another source of State law. 
In our study of personal rights, we remember a clause in 
the constitution of the State, which declared all parts of the 
common law of England, not repugnant to the constitution, 

1 Chapter VIII., " The State." See also « Powers of the Several States," 
Chapter XXII. 

« Chapter XI., "Personal Rights," 



324 



BUSINESS AND SOCIAL LAW. 



and in force in the State at the time of the battle of Lexin^^ 
ton, to be a part of our State law.^ The common law oi 
England consists of a great body of customs, rules and 
maxims, common to the people of England, that through 
long usage and the favorable decisions of the courts, have 
acquired the force of binding law. This English common 
law was brought to America by the early colonists, and ex- 
cept where changed by constitutions or statutes, it is still 
the basis of law throughout the Union.^ But written laws 
are more accessible, usually more definite, and therefore 
easier of interpretation than the unwritten common law 
found in customs and court decisions. 

Contracts. — Most of our ordinary personal and property' 
relations are regulated by contract. A contract is a volun- 
tary agreement, in which two or more persons promise to 
do or not to do a specified thing. Any person, not debarred' 
by law, may become a party to a contract. A person under 
twenty-one years of age may not, as a rule, enter into any 
contract, except for the actual necessaries of life. 

Express and Implied Contracts. — Contracts are express 
and implied. An express contract is one in which the mu- 
tual promises of the contracting parties are expressed in. 
words, oral or written. An implied contract is one im 
which, from the acts or circumstances of the parties, the law/ 
presumes that mutual promises have been made. 

When Contracts are not Binding. — Contracts are not 
binding when one of the parties is by law incapable of mak- 
ing a contract ; when the agreement of one or both is pro- 
cured by force or fraud ; when a thing is agreed to which in 

^ See page 131, Chapter XI., " Personal Rights." 

2 Except in Louisiana, where the Ronaan or civil law is the basis of State 
law. 



PERSONAL AND PROPERTY RELATIONS. 325 

its nature is impossible to perform ; or when the thing 
agreed to be performed is prohibited by law. A person 
failing to fulfil a contract lawfully made by him may be 
sued in a court at law and a judgment obtained against him 
for money equal to the loss sustained by reason of his fail- 
ure to perform the contract ; or the court may compel him 
to keep his agreement. Under a State law known as the 
statute of limitations, certain contracts may not be legally 
enforced, unless an effort is made to enforce them within a 
time specified by the law. 

Contracts to Sell or Exchange. — A contract to sell is 
one whereby the owner of some thing agrees to part with his 
ownership for a price or other valuable consideration, to be 
given by the person who agrees to buy. One article may 
also be exchanged for another by contract. Such an ex- 
change is called barter. In order to complete or fulfil the 
contract, the thing sold must be delivered or given up to the 
person buying it, who must in turn pay the price agreed 
upon. 

Unless there be an agreement to the contrary, the seller 
of goods has a legal right to retain possession of them until 
he receives the price. Such a right to hold the property 
sold is called a lien ; but the seller usually loses his lien 
when he parts with the property sold. 

Contracts to Let or Lease. — In a contract to let or lease, 
the owner of certain property agrees, for a valuable consid- 
eration, to part with the use of it, for a specified time, to the 
person leasing it. There is always an implied, if not an 
express contract, on the part of the person leasing property, 
that he will deliver it up to the owner at the time of the ex- 
piration of the lease, in as good a condition as he received 
it, reasonable wear and tear excepted. 



326 BUSWMSS AND SOCIAL LAW. 

Contracts for Transportation. — Railroad and steamship 
companies, and expressmen who make a business of trans- 
porting persons and goods from place to place for money, 
are known in law as common carriers. A common carrier 
is bound, under ordinary circumstances, to receive and carry 
all goods offered to him for transportation, as well as all 
persons, on payment of his regular charges for such work. 
The common carrier enters into an implied contract to carry 
the persons or goods safely to their destination ; and he is 
responsible for any damage to goods intended for trans- 
portation, while in his possession, and also for injuries 
that occur to persons while in transportation, unless the 
injuries be caused by unavoidable accident, not due to lack 
of care or skill on the part of the carrier. 

Contracts for Insurance. — Persons owning destructible 
property are accustomed to insure themselves against its 
possible loss by taking out a policy of insurance on the 
propert)^. This is a contract between the person insuring 
against loss and the person who is insured. Under it the 
person insured pays to the person who insures a small per- 
centage of the value of the property insured; and the 
insurer agrees in return to make good any damage to the 
property that may occur within a specified time. In- 
surance is of four kinds — fire, marine, life and accident. 
Under a contract of fire insurance, the insurer agrees to 
indemnify the owner of property from losses by fire; and 
under a contract of marine insurance, from losses arising 
while at sea ; while under a contract of life insurance, the 
person who insures agrees to pay a certain sum on the deatli 
of the person insured. By some life insurance contracts, 
known as endowment policies, the insurer also agrees to pay 
a sum of money to the person insured, if the latter be living 



PERSONAL AND PROPERTY RELATIONS, 327 

at the expiration of a certain number of years. In a con- 
tract for accident insurance, the insurer agrees to pay for 
damages that may result from accident to the person 
insured. The contract of insurance is usually written, as 
before stated, in the form of a policy issued by the insurer ; 
and the insured person usually makes a regular annual pay- 
ment, called a premium, for his insurance. 

Principal and Agent.^A person who buys or sells for 
another, or does business for him with third persons, is 
called an agent ; and the person for whom the agent acts is 
known as the principal. In a contract of agency the princi- 
pal appoints the agent and agrees to pay him in return for 
the services which the agent agrees to perform. It is a 
general rule of law that a principal is bound by the acts of 
his agent, if performed in the conduct of the business 
entrusted to him. An agent must follow the instructions of 
his principal. If he does not, he is generally responsible 
for any injuries to third persons that may arise from his acts 
while conducting the business of his principal. 

Employer and Employee. — Contracts between employer 
and employee are generally quite similar to contracts be- 
tween principal and agent. The employer has a legal right 
to the obedience of his employee in all matters within the 
scope of the employment. On the other hand, an employee 
is entitled to work for his employer, and to receive his 
wages during the time it was agreed he should work ; and 
the employee may collect wages from an employer who 
discharges him without just cause before the expiration of 
the time for which he is hired. 

Partnership. — A partnership is a contract by which two 
or more persons agree to unite their money and labor in 
business, and to share the profits and divide the losses. 



328 BUSINESS AND SOCIAL LAW. 

Each partner on entering the partnership acquires an interest 
in all the partnership property ; and the acts of one partner 
in connection with the partnership business bind all the 
partners. Each partner is also generally responsible for all 
the partnership debts and obligations. A limited partner- 
ship is one in which certain partners are responsible only 
for limited amounts of the partnership obligations. 

Joint Stock Companies and Mutual Aid Associations.- 
Somewhat similar to the contract of partnership is the con- 
tract between the members of a joint stock company, or the 
members of a mutual aid association ; and between such 
associations or companies and the public. Such com- 
panies and associations are corporations formed under the 
laws of the state, and have the right to do business as a 
single person under the company name. As a rule each 
member is responsible for the debts of his company or 
association to the amount of his individual share or interest. 

The Contract of Marriage. — The law regards marriage 
as a civil contract, in w^hich the husband agrees to love, 
protect, and support his wife, in return for services and 
affection rendered by her to him. The law of New York, 
inherited from the common law, requires no particular 
form of ceremony to make the marriage contract binding ; 
and the contract can be dissolved only by death, or by one 
of the parties obtaining a divorce, according to the rules 
prescribed by law. The law of New York allows a married 
woman to own and dispose of her individual property. On 
the death of the husband, the wife has the use during her 
life of a one-third interest in his real estate.* This is called 
the wife's dower interest. When a husband sells real estate, 
his wife must unite with him in signing the deed, otherwise 
she retains her right of dower in the property sold. 



PERSONAL AND PROPERTY RELATIONS, 329 

Parents and Children. — Parents must care for and sup- 
port their children until the latter are twenty-one years old. 
If a parent neglects or refuses to supply his child with 
necessaries, a third person may supply him and charge 
the parent. Children owe their parents obedience and 
service. What a minor child earns belongs to the parent, 
unless the latter voluntarily relinquish the right to it. A 
parent is entitled to the custody of his minor children, and 
may enforce their obedience by any reasonable exercise of 
force. 

Guardian and Ward. — When a minor child owns property, 
a guardian is appointed to care for the property. If the 
parents be living, one of them is usually made guardian. A 
child having a guardian is known as a ward. The guardian 
is entitled to the obedience of the ward, but not to his 
services, and the guardian must maintain and educate the 
ward out of the latter's property. It is the guardian's duty 
to manage the property of the ward with reasonable skill 
and diligence, and to turn it over to the ward when he 
becomes twenty-one years of age. Guardians are appointed 
in this State by the surrogate's court. 

Contracts Relating to Real Estate — Conveyance by 
Deed. — Property is divided into real estate and personal 
property. The latter is movable property, while real estate 
consists of houses, lands, and their so-called appurtenances. 
Personal property may be sold without a written contract, 
but real estate may be sold and conveyed only by written 
contract called a deed. The person who sells and conveys 
real estate is called the grantor, and the person who buys 
it the grantee. The deed must be signed and sealed by the 
grantor, who must acknowledge his signature before a notary 
public, or other officer authorized to take such an acknpw].- 



330 BUSINESS AND SOCIAL LA IV. 

edgment. The deed is then delivered by the grantor to the 
grantee, which act usually completes the transfer of the 
property. The laws of New York require a deed to be 
recorded, usually in the office of the county clerk. This is 
to protect innocent third persons, who might be induced to 
buy the property already conveyed by a dishonest grantor. 
It also protects the grantee from claims against the property 
by the creditors of the grantor. The recording of a deed is 
not necessary as between grantor and grantee. A warranty 
deed is one in which the grantor agrees to warrant and 
defend the title conveyed to the grantee against the claims 
of third parties. 

Conveyance of Property by Mortgage. — Property is 
sometimes transferred or conveyed from one person to 
another as security for the payment of a debt. Such a 
transfer is made by written grant called a mortgage, which 
if conveying real estate, is signed, sealed, delivered and 
recorded, like a deed. The grant by mortgage is for a 
limited time, and the property thus granted is said to be 
mortgaged. It remains in the possession of the grantor, on 
the understanding that the legal title to it is to be trans- 
ferred back to him on his paying his debt when due. The 
person conveying property by mortgage is called the mort- 
gagor ; the person to whom it is conveyed the mortgagee. 
If the mortgagor pays his debt at the time of the expiration 
of the grant by mortgage, the mortgagee gives him a 
written satisfaction of mortgage. This cancels the debt, and 
reconveys to the mortgagor the legal title to his property. 
Like the mortgage, the satisfaction should be recorded. 
Should the mortgagor, hov/ever, fail to pay his debt when 
due, the mortgagee may begin legal proceedings known as 
foreclosure of the mortgage. Under these proceedings, thq 



PERSONAL AND PROPERTY RELATIONS, 331 

mortgagee having proven his claim against the mortgagor, 
the court orders the sheriff to sell the mortgaged property, 
and from the proceeds of the sale to pay the debt due to the 
mortgagee. Should any money remain after paying the debt 
and the costs of the foreclosure, it goes to the mortgagor. 
Both real and personal property may be conveyed by 
mortgage. A mortgage given on personal property is 
called a chattel mortgage. Such a mortgage is filed gen- 
erally with the town clerk, and in this State it may not be 
given for a longer period than one year. 

Conveyance by Lease. — When real estate is leased for a 
longer period than a year, the law requires it to be done by 
written contract, known as a lease. The lease is given by 
the owner of the property leased to the person who leases 
it, and Hke a deed or mortgage, the lease must be signed 
and delivered, but it need not be sealed. The owner of 
property leased is called the landlord or lessor; and the 
person to whom it is leased, the tenant or lessee. By the 
lease the landlord grants to the tenant the use of the leased 
property, in return for rent which the tenant agrees to pay. 
Should a tenant fail to pay his rent as agreed in the lease, or 
should he willfully injure the property leased, the landlord 
may obtain possession of it by legal proceedings known as 
eviction. 

Appurtenances. — The ownership of real estate includes 
what is known as its appurtenances. These are minor 
rights, such, for example, as the right of a land owner to use 
a stream of water flowing across his land. Appurtenances 
may be acquired in two ways — by deed, or by long and un- 
interrupted use. Thus a right of way across land belonging 
to another may be granted by deed, or it may be legally 
acquired by twenty years of uninterrupted use. A transfer 



332 BUSINESS AND SOCIAL LAW. 

of land by deed, or otherwise, includes a transfer of all its 
appurtenances without formal or specific enumeration. 

Conveyance by Will. — As a general rule, any person 
owning property has a right to say how it shall be disposed 
of after his death. This is done by the property- owner 
making a written instrument, called a will. Real estate, as 
well as personal property, may thus be conveyed from one 
person to another by will In order that a will may be 
valid, it must be made by a person of sound mind and un- 
derstanding, who in the presence of two witnesses, must 
sign it, and declare it to be his last will and testament. The 
witnesses must then sign as witnesses. The person who 
makes the will is called the testator, and a gift made by will 
is called a bequest. A person dying without having made 
a will is said to be intestate. A will once made, may be 
revoked at any time before death, by the testator making 
another and later will, or it may be destroyed. An addition 
to a will may be made by the testator in the same manner 
and with the same formality as the original will. Such an 
addition is called a codicil. Wills that convey real estate 
are recorded like mortgages and deeds, and for similar 
reasons. As a husband cannot deed away his wife's dower 
interest, so he cannot convey it by will. The property of a 
person who dies without leaving a will is distributed to his 
lawful heirs by proceedings in the surrogate's court, accord- 
ing to the rules of the State law. 

Estates. — Any interest which a person possesses in prop- 
erty is known as an estate. The law distinguishes between 
the property itself, and the interest which the owner has in 
it, which is the estate. An estate, to be complete, must 
consist of the right of property, the right of possession, and 
the actual possession. The largest possible interest or 



PERSONAL AND PROPERTY RELATIONS. 33^ 

estate which a person may have in real estate, is known asJ 
a fee simple. A person owning land in fee simple ma^ 
hold it during his life and dispose of it after his death. Am 
estate for life is an interest that ends with the death of the' 
person possessing it. An estate for years is an interest for a 
certain definite time only. An estate by courtesy is the life 
interest which a husband and father possesses in his de- 
ceased wife's real estate. An estate in future is the right to 
the future possession of property. 

Promissory Notes. — A debtor sometimes gives his 
creditor a written evidence of his debt in the form of a 
promissory note. This is a written promise to pay a 
definite sum of money at a future date. The person giving 
or making the note is called the maker; the person he 
promises to pay, the payee ; the amount which is promised 
to pay, the face of the note. In a promissory note, the 
maker may agree to pay the face of the note at a certaira 
definite date, or he may agree to pay whenever the note is 
presented to him by the lawful owner, and payment de- 
manded. The latter form is called a note payable on de- 
mand. A note may be made with or without containing a 
promise to pay interest. When the note contains such a 
promise, interest is reckoned from the date of the note un- 
til the time of its payment. When a note does not contain 
this promise, it does not begin to draw interest until after 
the note is due. A promissory note is negotiable, that is, 
transferable from one owner to another, when it is drawn 
so that the maker promises to pay the face of the note to 
the " order " of the payee, or '' to bearer." In such case, the 
payee may sell the note to a third person. When the payee 
sells a negotiable note, he writes his name across the back, 
as an indorser. By this act, he becomes responsible for its 



334 BUSINESS AND SOCIAL LAW. 

ipayment to any other person, into whose hands the note 
may lawfully come. The payee may indorse the note to a 
particular person, who is then known as the indorsee ; or he 
may indorse it in blank. The former is called a specific in- 
dorsement. In such case, only the indorsee may collect the 
note, unless he, by his own indorsement, still further transfers 
it. Each and every indorser of a note is responsible for its 
payment, but no indorser can, as a rule, be held responsible, 
unless the note has been presented, when due, to the maker, 
and payment refused by him ; and in order to hold an in- 
dorser, he must be promptly notified in writing of the failure 
of the maker to pay the note. Making such notice is called 
"' protesting the note." A promissory note is non-negotia- 
ble, that is, not transferable from one owner to another, 
when the promise is to pay the payee only, without the 
words " or order," '' or bearer." No note is collectible till 
it has become due. 

SUMMARY. 

Nearly all ordinary personal and property relations are 
regulated by State laws, which have their sources in the 
constitution, adopted by the people ; the statutes, enacted 
by the legislature ; or in the common law of England, so 
far as it is applicable to existing modern conditions. 

Ordinary personal and property relations are usually 
regulated by contracts, express or implied. Among these 
are contracts to buy, sell, and lease ; contracts for transporta- 
tion; contracts for insurance ; contracts resulting from the re- 
lations between principal and agent, employer and employee ; 
contracts arising from the relations between parties to promis- 
sory notes ; contracts arising from partnership, marriage, and 
the relations of parent and child and guardian and ward. 



PERSONAL AND PROPERTY RELATIONS. 335 

Real estate is transferred from one person to another by 
contracts known as deed, mortgage, and lease. Real estate 
is also transferred by will. 

SUGGESTIVE QUESTIONS. 

What is meant by the common law? How does it 
differ from statute law ? Name the three sources of State 
law. 

What is a contract ? What persons may enter into con- 
tracts? State the difference between an express and an 
implied contract. Under what circumstances is a contract 
not binding ? 

Describe the contract known as a lease. What implied 
obligation does a lessee take upon himself with reference to 
the lessor's property ? 

State generally the obligations of a common carrier. 
What is the contract of insurance ? Of principal and agent? 
Employer and employee ? 

What is partnership? What are the obligations of a 
partner in a limited partnership ? In a joint stock com- 
pany? 

What is the right of dower ? Define guardian, ward, real 
estate, grantor, grantee. 

Name four legal requirements of a deed. How and why 
are deeds recorded ? What is a mortgage ? What is meant 
by foreclosure of a mortgage ? Satisfaction of a mortgage ? 
Chattel mortgage ? 

What are appurtenances ? How is legal title to appur- 
tenances acquired ? 

What is a will ? Describe the formalities necessary to 
the making of a will. What is a codicil ? How may a will 



336 BUSINESS AND SOCIAL LAW. 

be revoked ? What court has charge of distributing the 
property of persons leaving wills, and of intestates ? 

What is an estate ? A fee simple ? An estate for Hfe ? 
An estate for years ? 

Define promissory note, maker, payee, indorser, indorse- 
ment in blank. When is a note negotiable ? What is 
meant by protesting a note ? 



CHAPTER XXVI. 
The United States at War. 

The emergency of the World War into which the 
United States was drawn in 191 7 brought about many 
changes in the government of the country. Some of these 
are very important, although most of them are temporary. 
The war also brought into special prominence the charac- 
ter of the German government, our chief enemy, as con- 
trasted with the governments of the Allies, especially Great 
Britain and France. 

Powers of the President. — The most notable change 
was a tremendous increase in the powers given to the 
president. For many years there had been a noticeable 
tendency to centralize governmental control of more and 
more activities in the hands of the federal government and 
especially in the hands of its chief executive. (Note for 
example the acts mentioned on page 261.) Now under the 
stress of war this movement leaped forward to an extent 
never before dreamed of. In law after law passed by 
Congress in 191 7 and 191 8 the presidents control was 
extended so as to make him for the period of the war 
almost a dictator.^ 

1 Before the declaration of war in 191 7 the threatening situation had led 
Congress to make small increases in the army and navy, and to provide for 
the appointment of a Council of National Defense, which made investigations 
and advised the president in many matters concerned with preparations for 
war. 

337 



THE UNITED STATES AT V/AR. 339 

The Army, etc. — Under several conscription acts the 
men of military age were registered, and the president was 
empowered to make regulations under which milHons of 
men were mustered into the army, whether they wished to 
serve or not. There was precedent for these acts in the 
drafts of Civil War times. In our history, too, there were 
precedents for* the declaration of martial law where neces- 
sary, and for the suspension of the writ of habeas corpus. 
In fact. President Wilson found less occasion to resort to 
these measures than President Lincoln did. 

Far-reaching laws were passed to suppress espionage 
(spying and other acts giving aid to the enemy), treason- 
able speeches, and treasonable publications ; but these 
were not radically unlike the laws in force during other 
times of war. Also it was necessary to raise immense 
sums of money by loans and taxes, and to do other things 
that had been done in previous wars. In addition, how- 
ever. Congress gave the president, for the duration of the 
war, enormous powers for which there was no precedent 
in the history of this country. 

Food and Fuel Regulation. — In order to stimulate the 
production of wheat, Congress fixed a minimum price, 
pledging the government to buy any surplus. On the 
other hand, to prevent excessive rise in the cost of wheat, 
sugar, coal, steel, copper, and various other commodities. 
Congress gave the president power to buy and sell them 
and to fix the price at which they should be sold to other pur- 
chasers. This power was freely exercised. The president 
appointed a Food Administrator and a Fuel Administrator, 
and under his direction, with the aid of many sub-officers 
scattered over the country, they controlled not only the 
price but also the distribution of coal and many foodstuffs. 



340 GOVERNMENT OF THE NATION 

The president was also given full control of imports and 
exports, with power to restrict or prohibit trade in particu- 
lar articles or with particular persons, companies, or coun- 
tries, to be specified by him. For exercising control of for- 
eign commerce under his direction, the president appointed 
a War Trade Board. 

Control of Railways, Telegraphs, and Telephones. — 
Under authority of acts passed by Congress in 1916 and in 
191 8 the president in 191 8 took over for the period of the 
war the operation of railways, telegraphs, and telephones. 
The actual work continued to be done for the most part 
by the same men as before, but they were under the con- 
trol of the president. As Director General of Railroads, 
the president appointed William G. McAdoo, who was also 
the secretary of the treasury ; and to the postmaster-gen- 
eral he gave charge of the telegraphs and telephones. 

Shipping. — A shipping board of five commissioners ap- 
pointed by the president was created in 1916 to super- 
vise ships privately owned and also to purchase or construct 
merchant vessels on government account. . As a war 
measure an Emergency Fleet Corporation, organized under 
its control, engaged in shipbuilding on so large a scale 
that the United States became the greatest shipbuilding 
nation of the world. Not only did the new government 
yards build an enormous number of ships, but under au- 
thority from Congress the president took over many of the 
private ships and shipyards already existing. 

Control of Aliens. — Congress also authorized the presi- 
dent to make regulations for the conduct of enemy aliens 
residing in this country, and from time to time he put into 
force such rules for their control as were found necessary* 
An Alien Property Custodian appointed by him seized 



342 GOVERNMENT OF THE NATION, 

many great properties owned by enemy aliens and either 
took charge of them for the period of the war or sold them 
and invested the proceeds in United States bonds to be 
given to the owners at the end of the war. 

Constitutional Amendments. — It is worthy of note that 
the exercise of all these powers was provided for without 
making any amendment in the federal constitution. The 
government has power to wage war and therefore Congress 
can provide for the exercise of almost any power necessary 
as a war measure (see page 266, note). Besides passing a 
law authorizing the president to close distilleries during 
the war, Congress did, however, submit to the states a 
constitutional amendment to prohibit the liquor traffic per- 
manently. A majority of the members of Congress were 
also in favor of an amendment giving women the right to 
vote in all the states. The woman suffrage amendment 
was passed by the necessary two-thirds vote in the House 
of Representatives in 1918, but a vote in the Senate was 
long delayed because it was understood that more than a 
third of the senators were opposed to it.^ 

1 The method of amendment provided by the constitution (page 271) is 
designed to prevent frequent changes. The fact that only seventeen amend- 
ments were adopted down to 1917 is evidence also of the general recognition 
of the fact that the constitution should not be rapidly and thoughtlessly 
amended. An amendment once made can hardly be repealed- For nearly 
all of the things that the government needs to do there is already sufficient 
warrant in the general provisions of the constitution. The Sixteenth Amend- 
ment, adopted in 191 3, giving Congress full power to levy an income tax, was 
made necessary by decisions of the Supreme Court declaring unconstitutional 
an income tax law that Congress had passed. The Seventeenth Amendment 
also adopted in 1 9 1 3, was the only method by which popular election of senators 
could be secured. The adoption of the proposed amendments concerning pro- 
hibition and woman suffrage is urged by their friends as the only practicable 
means for securing the uniform acceptance of these measures in all the states. 



CONSTITUTIONS OF OTHER COUNTRIES, 343 

Constitutions of Other Countries. — It is important to 
know how our constitution compares with those of other 
countries, especially those of Great Britain, France, and 
Germany. In the matter of amendments, it occupies a 
position midway between the easily amended constitutions 
of Great Britain and France on the one hand, and the 
comparatively inflexible constitution of Germany on the 
other. 

The constitution of Great Britain is not a single docu- 
ment; it is made up of a number of acts of parliament, 
'' charters " granted by the king, and even some unwritten 
customs.^ It may be amended at any time by an ordinary 
act of parliament.^ 

Likewise the French constitution, which is composed of 
a series of '* constitutional laws" passed in 1875 and later, 
may be amended at any time by a vote of a majority of 
the members of both houses of the French parliament or 
congress. 

The constitution of the German Empire is a single docu- 
ment, adopted by the monarchs of certain German states, 
and amendments to it are very difficult to make.^ A law 
to amend the German constitution is considered as rejected 

1 Among the provisions of the British constitution are many guaranteeing 
personal rights (page 115). In this respect it is like the federal and state 
constitutions in our country, and unlike the French and German constitutions, 
which give practically no guaranties of this kind. 

2 One of the most important provisions of the British constitution is an act 
limiting the term of members of the House of Commons (the more important 
house of parliament) to five years or less. But in 191 5 a special act was 
passed suspending this rule and thus extending by several years the term 
of the members then sitting. 

^ The constitution of Switzerland also is a single document, but it was 
adopted by vote of the people. It is subject to amendment by means of the 
initiative and referendum. 



344 GOVERNMENT OF THE NATION. 

if 14 votes are cast against it in the Bundesrat, or upper 
house of the imperial legislature ; but the Bundesrat con- 
tains 61 members, of whom 17 or more are appointed by 
the king of Prussia and act under his orders. That is to 
say, a proposed amendment can be defeated by less than 
a fourth of this house, or even by a single man — the 
Prussian king, who is also the Emperor. 

European Courts. — In none of these countries would a 
court venture to declare unconstitutional any law duly 
passed by the parliament or legislature. European courts 
are not created by constitutions as a co-equal third branch 
of the government; with few exceptions, they are the 
creations of laws passed by the legislature. They rank 
very high, however, in the ability and character of their 
judges, and the integrity of their decisions.^ 

European Legislatures. — The British parliament is 
composed of two houses — the House of Commons and 
the House of Lords. The House of Commons, under an 
act of 191 8, is to consist of 707 members elected by the 
people of the British Isles. Practically all men over 21 
years old, soldiers from 18 to 21, and women over 30 have 
the right to vote for members of this house, which is the 
predominating power in the British government. The 
House of Lords, composed of nobles together with a few 
bishops, had almost equal power with the House of Com- 
mons until 191 1. Under an act of that year, however, its 
power was greatly limited, so that it can merely delay (for 

1 In many European countries there are special ** administrative courts" 
to settle disputes between citizens and public officers in matters connected 
with the administration of the laws. In our country such disputes may go 
to an ordinary court or may be settled by some high officer, such as a state 
commissioner of education or the United States secretary of the treasury. 



GOVERNMENTS OF OTHER COUNTRIES, 345 

about two years at most) and not prevent the enactment 
of bills passed by the House of Commons. In this respect 
the British constitution differs from those of all other 
countries. In other legislative bodies composed of two 
houses the assent of both is necessary to the passage of 
a law. 

The French parliament or' congress consists of a Senate 
and a Chamber of Deputies. The Chamber is composed 
of 602 deputies elected for terms of four years or less by 
the vote of male citizens over 21 years of age. The sena- 
tors (who must be men over 40 years old) number 300 and 
are elected indirectly by members of the various local 
councils in each of the departments into which the French 
republic is divided. 

In the legislature of the German Empire the predomi- 
nating house is the Bundesrat, composed of 61 members 
appointed by the rulers of the various German states. As 
they act under instructions the Bundesrat is much like a 
council of ambassadors. The lower house, called the 
Reichstag, is composed of 397 members elected for five 
years or less by male voters over 25 years old. The voting 
districts into which the Empire is divided, however, are 
very unequal in population. Of the 397, Prussia contains 
236. The Reichstag is little more than a debating society 
because practically its only power is to prevent the passage 
of a new law or the levying of taxes in addition to those 
levied in previous years. 

Germany is composed of twenty-six states — kingdoms, grand 
duchies, duchies, etc.,— of which Prussia is larger than all of the rest 
combined. The king of Prussia is ex-officio the Emperor. The gov- 
ernment of Germany is a federal government, for the separate states 
retain many sovereign powers. Thus the German states are somewhat 



346 GOVERNMENT OF THE NATION 

like the states in our country. So, too, the cantons of Switzerland ex- 
ercise sovereign powers similar to those of our states. On the contrary, 
the departments of France and the English counties are more like the 
counties in our country. 

European Executives. — The system of government 
developed in Great Britain is called the parliamentary 
system (page 275) because the executive powers are exer- 
cised by ministers who are responsible to parliament and 
must act in harmony with the majority of the House of 
Commons. The members of the British cabinet, appointed 
and headed by a prime minister, are heads of executive 
departments like the members of the cabinet of the United 
States, but in addition to this they are members of parha- 
ment and act as a committee on appropriations and on 
other important subjects of legislation. An essential 
feature of the parliamentary system is the requirement 
that the cabinet shall possess the confidence of the 
majority of the House of Commons. If an act proposed 
by the cabinet fails of passage or if the House of Com- 
mons shows its lack of confidence by a resolution, the 
cabinet members usually resign and are replaced by others. 
They may, however, instead appeal to the country, that is, 
the king (in reality the cabinet) may dissolve the House 
of Commons and call for a new election. If the majority 
of the members of the new House of Commons support 
the cabinet it continues in office, otherwise it then resigns. 

The French government, like the British, is based upon 
the parliamentary system. There is a president of the 
republic — elected by a joint session of the Senate and 
Chamber of Deputjes— but he is little more than a fig- 
urehead Uke the king of Great Britain, for every act of^ 
his must be countersigned, by a minister. He appoints 



GOVERNMENTS OF OTHER COUNTRIES, 347 

the ministers of the cabinet, headed by a prime minister, 
but they can retain office only so long as they are sup- 
ported by a majority in the Chamber of Deputies. With 
the consent of the Senate, however, the president may 
dissolve the Chamber and call for a new election. 

In the German government there is no responsibility of 
executive officers to the legislature. The heads of execu- 
tive departments are appointed by a Chancellor who is 
chosen (and removed) by the German Emperor and is 
responsible to him only. The German Chancellor does 
not necessarily resign if he fails to command the support 
of the legislative body. It is largely for this reason that 
the government of the German Empire (like the govern- 
ment of Prussia also) is practically an autocracy under the 
actual rule of the m.onarch and a small class of nobles. 
The German Emperor controls the chief executive officers, 
makes treaties, and has unrestrained command of the army. 
His rule is supported chiefly by the Prussian nobles and 
the army officers, who in turn have very great influence 
over the Emperor. 

Comparisons with the United States. — Curiously 
enough, in one important respect the government of the 
United States seems to be more like that of Germany than 
like those of democratic England and France ; namely, in 
the separation of the executive and legislative powers 
(page 275). In Germany, however, the autocratic execu- 
tive really dominates the legislature, while in our country 
the attempt is made, by our system of *' checks and bal- 
ances," ^ to keep them on an equal footing, each responsi- 

1 This system includes various provisions for preventing hasty or arbitrary 
action, — such as the president's veto power, the power of Congress to pass 
laws over the veto, the division of Congress into two houses of nearly equal 



34S GOVERNMENT OF THE NATION. 

ble to the people only. Under our system, however, the 
responsibility is so divided that the will of the people is 
not always promptly translated into law and executive 
action. The European systems are also more efficient in 
the careful planning of expenditures. In those countries 
the cabinet submits a comprehensive budget of the coming 
year's expenses for the approval of the parliament, while 
in our country many different committees of the two 
houses of Congress may propose expenditures, with or 
without the advice of the president and cabinet. 

Among the men who seek election to the British House 
of Commons and the French Chamber of Deputies are 
many statesmen of great ability, — for those bodies con- 
trol the policies of their governments, and from them are 
chosen most of the great cabinet ministers. In contrast, 
membership in our House of Representatives is less at- 
tractive, because of its smaller powers and its shorter term 
of office. Most of our representatives are lawyers, but 
many are from various other walks in life. In general, they 
are able men, but not the ablest ; for the ablest are apt to find 
more important as well as more profitable careers in private 
practice or in business. In our Senate, however, with its 
longer terms and greater dignity, there is usually a large 
proportion of men of greater caliber than in the House. In 
some cases, in fact, the ablest representatives are promoted 
to the Senate, as are also some State governors. 

Obligations of Aliens. — The United States entered 
the Great War to fight beside its sister democracies for the 
American ideals of liberty, humanity, and justice, and to 
help in making the world safe for democracy. During the 

power, and the power of the Supreme Court to declare a law unconstitutional. 
This system is in force also in the State governments. 



DUTIES OF ALIENS AND CITIZENS. 349 

war, and in the difficult times that follow every war, it is 
especially important that both citizens and aliens in our 
country should realize what their duties are. An alien is 
bound to obey the laws of the land in which he resides, 
even to the extent of serving in the army if required, in 
case he is not an enemy alien. For the control of enemy 
aUens special laws and regulations are made. The pres- 
ence of large numbers of foreigners in our country consti- 
tutes an element of possible danger to our institutions. It 
is highly important that they should be encouraged to 
learn our language, adopt our customs, and become citi- 
zens by naturalization (pages 136-137). Some groups 
tend to preserve their alien language and institutions in 
isolated communities, and how to overcome that tendency 
is a problem that demands careful attention. 

Duties of Citizens. — The citizens of our country have 
not only more rights and privileges, but also greater duties 
and responsibilities, than the aliens here. Under our State 
and federal constitutions they can have as good or as bad 
government as they wish. All the most important officers 
are selected by vote of the citizens. If the officers are 
corrupt or inefficient, the citizens are to blame for not 
voting wisely in the primaries and the elections. 

In a true democracy, however, the majority must rule. 
When a law is once passed, it must be obeyed by all. If a 
citizen believes that the law is wrong, his only proper remedy 
is to convince the majority and so get the law changed.^ 

1 In the time of war, however, speeches and writings designed to aid the 
enemy and to defeat our country are manifestly intolerable. The man who 
tries to defeat his own country is a traitor, and treason is punishable with 
imprisonment or death. So, too, even in times of peace, it is the right and 
the duty of the government to suppress any agitation in favor of anarchism, 
or the doctrine that all governments should be destroyed. 



350 GOVERNMENT OF THE NATION, 

A good citizen will devote as much thought to his duties 
as to his rights. He will take part in nominations and in 
elections regularly ; and in order to vote wisely he will 
inform himself, by newspapers and otherwise, as to the 
actual doings of the officials in office. He will work with 
civic organizations to secure good government. And to 
make good and orderly government possible he will mean- 
while abide by the decision of the majority, and will obey 
the laws, even if he does not approve of them. 

The correct attitude of a good citizen is expressed in the 
following pledge of loyalty to American principles : — 

" I believe in the United States of America as a govern- 
ment of the people, by the people, for the people, whose 
just powers are derived from the consent of the governed; 
established upon those principles of freedom, equality, jus- 
tice and humanity for which American patriots sacrificed 
their lives and their fortunes. 

*' I beUeve it to be my duty to love my country ; to sup- 
port its constitution ; to obey its laws ; to respect its flag 
and to defend it against all enemies, /(?r/^M an American 
citizen!'' 

SUMMARY. 

Among the temporary powers conferred upon the presi- 
dent during our war with Germany there were many for 
which there were precedents in other times of war. Such 
were the conscription acts giving him power to call men 
into the army, and the power to suppress espionage and 
treasonable speeches and publications. 

In addition. Congress gave the president pov/er to con- 
trol the price of wheat, sugar, coal, steel, and many other 



THE UNITED STATES AT WAR. 351 

things, power to control imports and exports, to build ships 
on government account, and to take over and operate rail- 
ways, telegraphs, and telephones. 

These powers were exercised by various boards and 
officials appointed by the president. 

An amendment to the constitution of the United States 
prohibiting the liquor traffic was approved by Congress and 
submitted to the states for ratification or rejection. Many 
people also urged the adoption of a woman suffrage 
amendment. 

Amendments to the constitution of this country are 
made with less difficulty than in Germany, but with greater 
difficulty than in France or Great Britain. 

The German government is an autocracy in which the 
Emperor exercises large powers either directly or through 
ministers and generals who are not responsible to the 
legislature. 

In the British and French governments executive powers 
are exercised by ministers subject to the control of the 
more numerous branch of parliament elected directly by 
the people. 

SUGGESTIVE QUESTIONS. 

What war power is given to the president by the federal 
constitution ? What additional powers were given him by 
Congress in 1917 and 1918 } 

What were the duties of the Council of National De- 
fense, the Food Administrator, the Fuel Administrator, 
the War Trade Board ? What member of the cabinet 
was given control of the railways } of the telegraphs and 
telephones } 



352 GOVERNMENT OF THE NATION 

What work was done by the Shipping Board, the 
Emergency Fleet Corporation, the Alien Property Cus- 
todian ? 

What is the method of adopting constitutional amend- 
ments in Great Britain ? France ? Germany? 

In what important ways does our Senate' differ from the 
British House of Lords, the French Senate, and the Ger- 
man Bundesrat ? 

Compare our House of Representatives with the British 
House of Commons, the French Chamber of Deputies, 
and the German Reichstag. In what respects does it 
possess far less power than the corresponding bodies in 
Great Britain and France ? 

In what important respects does the position of our 
president differ from that of the British prime minister ? 
How does it differ from the position of the German 
Emperor? of the German Chancellor? 

What kind of men are elected to our House of Repre- 
sentatives ? to our Senate ? 

What are the duties of an alien ? What are the chief 
duties of a citizen of the United States ? 



APPENDIX 

CONSTITUTION OF THE UNITED STATES OF 

AMERICA 



We, the people of the United States, in order to form a more perfect union, 
estabhsh justice, insure domestic tranquilhty, provide for the common defense, 
promote the general welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for the United States of 
America. 

ARTICLE I. Section i.— i. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section 2. — i. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States ; and the electors 
in each State shall have the qualifications requisite for electors of the most nu- 
merous branch of the State legislature. 

2. No person shall be a Representative who shall not have attained to the age 
of twenty-five years, and been seven years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State in which he shall be 
chosen. 

3. Representatives and direct taxes shall be apportioned among the several 
States which may be included within this Union, according to their respective 
numbers, which shall be determined by adding to the whole number of free per- 
sons, including those bound to service for a term of years, and excluding Indians 
not taxed, three fifths of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in such manner as they 
shall by law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one Representative ; and 
until such enumeration shall be made, the State of New Hampshire shall be en- 
titled to choose three ; Massachusetts, eight ; Rhode Island and Providence 
Plantations, one ; Connecticut, five ; New York, six ; New Jersey, four ; Penn- 
sylvania, eight ; Delaware, one ; Maryland, six ; Virginia, ten ; North Carolina, 
five; South Carolina, five; and Georgia, three. 

4. When vacancies happen in the representation fi-om any State, the executive 
authority thereof shall issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker, and other officers, 
and shall have the sole power of impeachment. 

353 



354 APPENDIX 

Section 3. — i. The Senate of the United States shall be composed of two 
Senators from each State, [chosen by the legislature thereof,] 1 for six years ; and 
each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first elec- 
tion, they shall be divided as equally as may be, into three classes. The seats of 
the Senators of the first class shall be vacated at the expiration of the second 
year, of the second class at the expiration of the fourth year, and of the third 
class at the expiration of the sixth year, so that one third may be chosen every 
second year; [and if vacancies happen, by resignation or otherwise, during the 
recess of the legislature of any State, the Executive thereof may make temporary 
appointments until the next meeting of the legislature, which shall then fill such 
vacancies.] 1 

3. No person shall be a Senator who shall not have attained to the age of 
thirty years, and been nine years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of the Senate, 
but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a president pro 
tempore, in the absence of the Vice-President, or when he shall exercise the office 
of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. When sit- 
ting for that purpose, they shall be on oath or affirmation. When the President 
of the United States is tried, the Chief Justice shall preside ; and no person shall 
be convicted without the concurrence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than to removal 
from office, and disqualification to hold and enjoy any office of honor, trust, or 
profit, under the United States; but the party convicted shall nevertheless be 
hable and subject to indictment, trial, judgment, and punishment, according to law. 

Section 4. — i. The times, places, and manner of holding elections for Sen- 
ators and Representatives shall be prescribed in each State by the legislature 
thereof; but the Congress may, at any time, by law, make or alter such regula- 
tions, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, and such meeting 
shall be on the first Monday in December, unless they shall by law appoint a 
different day. 

Section 5. — i. Each House shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall constitute a 
quorum to do business ; but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent members in such manner 
and under such penalties as each House may provide. 

2. Each House may determine the rules of its proceedings, punish its members , 
for disorderly behavior, and, with the concurrence of two thirds, expel a member. 

1 Superseded by the seventeenth amenjdment. 



CONSTITUTION OF THE UNITED STATES 355 

3. Each House shall keep a journal of its proceedings, and from time to time 
publish the same, excepting such parts as may in their judgment require secrecy ; 
and the yeas and nays of the members of either House, on any question, shall, 
at the desire of one fifth of those present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without the consent 
of the other, adjourn for more than three days, nor to any other place than that 
in which the two Houses shall be sitting. 

Section 6. — i. The Senators and Representatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out of the Treasury of 
the United States. They shall, in all cases except treason, felony, and breach of 
the peace, be privileged from arrest during their attendance at the session of their 
respective Houses, and in going to and returning from the same ; and for any 
speech or debate in either House, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United States 
which shall have been created, or the emoluments whereof shall have been in- 
creased, during such time ; and no person holding any office under the United 
States shall be a member of either House during his continuance in office. 

Section 7. — i. All bills for raising revenue shall originate in the House of 
Representatives ; but the Senate may propose or concur with amendments, as on 
other bills. 

2. Every bill which shall have passed the House of Representatives and the 
Senate, shall, before it become a law, be presented to the President of the United 
States ; if he approve he shall sign it, but if not he shall return it with his objec- 
tions to that House in which it shall have originated, who shall enter the objec- 
tions at large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two thirds of that House shall agree to pass the bill, it shall be 
sent, together with the objections, to the other House, by which it shall likewise 
be reconsidered, and if approved by two thirds of that House, it shall become a 
law. But in all such cases the votes of both Houses shall be determined by 
yeas and nays, and the names of the persons votmg for and against the bill shall 
be entered on the journal of each House respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress, by their adjournment, prevent its return, in which 
case it shall not be a law. 

3. Every order, resolution, or vote, to which the concurrence of the Senate 
and House of Representatives may be necessary (except on a question of ad- 
journment) shall be presented to the President of the United States, and before 
the same shall take effect shall be approved by him, or, being disapproved by 
him, shall be re-passed by two thirds of the Senate and House of Representa- 
tives, according to the rules and limitations prescribed in the case of a bill. 

■ Section 8. — The Congress shall have power — 
I. To lay and collect taxes, duties, imposts, and excises, to pay the debts and 



356 APPENDIX 

provide for the common defense and general welfare of the United States ; but 
all duties, imposts, and excises shall be uniform throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the several States, 
and with the Indian tribes; 

4. Tq establish a uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies throughout the United States ; 

5. To coin money, regulate the value thereof and of foreign coin, and fix 
the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities and current 
coin of the United States; 

7. To establish post-offices and post-roads ; 

8. To promote the progress of science and useful arts, by securing for 
limited times to authors and inventors the exclusive right to their respective 
writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court ; 

10. To define and punish piracies and felonies committed on the high seas, and 
offenses against the law of nations ; 

11. To declare war, grant letters of marque and reprisal, and make rules (.con- 
cerning captures on land and water ; 

12. To raise and support armies; but no appropriation of money to that use 
shall be for a longer term than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and regulation of the land and naval 
forces ; 

15. To provide for calHng forth the miUtia to execute the laws of the Union, 
suppress insurrections, and repel invasions ; 

16. To provide for organizing, arming, and disciphning the militia, and for 
governing such part of them as may be employed in the service of the United 
States, reserving to the States respectively the appointment of the officers and 
the authority of training the militia according to the discipline prescribed by 
Congress ; 

17. To exercise exclusive legislation in all cases whatsoever over such district 
(not exceeding ten miles square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the government of the United 
States, and to exercise like authority over all places purchased by the consent of 
the legislature of the State in which the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other needful buildings ; and, 

18. To make all laws which shall be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this Constitution 
in the government of the United States, or in any department or officer thereof. 

Section 9. — i. The migration or importation of such persons as any of the 
States now existing shall think proper to admit, shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and eight, but a tax or 



CONSTITUTION OP THE UNITED STATES 357 

duty may be imposed on such importation, not exceeding ten dollars for each 
person. 

2. The privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless in proportion to the 
census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. No pref- 
erence shall be given by any regulation of commerce or revenue to the ports of 
one State over those of another ; nor shall vessels bound to or from one State 
be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury but in consequence of appro- 
priations made by law ; and a regular statement and account of the receipts and 
expenditures of all pubhc money shall be published from time to time. 

7. No title of nobility shall be granted by the United States ; and no person 
holding any office of profit or trust under them, shall, without the consent of the 
Congress, accept of any present, emolument, office, or title, of any kind what- 
ever, from any king, prince, or foreign state. 

Section 10. — i. No State shall enter into any treaty, aUiance, or confedera- 
tion ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; 
make anything but gold and silver coin a tender in payment of debts ; pass any 
bill of attainder, ex post facto law, or law impairing the obligation of contracts, 
or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any imposts or 
duties on imports or exports except what may be absolutely necessary for exe- 
cuting its inspection laws : and the net produce of all duties and imposts laid by 
any State on imports or exports, shall be for the use of the treasury of the United 
States; and all such laws shall be subject to the revision and control of the 
Congress. No State shall, without the consent of Congress, lay any duty of ton- 
nage, keep troops or ships of war in time of peace, enter into any agreement or 
compact with another State or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not admit of delay. 

ARTICLE II. Section i.— -i. The executive power shall be vested in a Pres- 
ident of the United States of America. He shall hold his office during the term 
of four years, and, together with the Vice-President, chosen for the same term, 
be elected as follows: 

2. Each State shall appoint, in such manner as the legislature thereof may 
direct, a number of Electors equal to the whole number of Senators and Repre- 
sentatives to which the State may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit under the United 
States, shall be appointed an Elector. 

Clause J has been superseded by the 12th Article of Amendments, 

4. The Congress may determine the time of choosing the Electors, and the 
day on which they shall give their votes ; which day shall be the same through- 
out the United States. 



35^ APPENDIX 

5. No person, except a natural-bom citizen, or a citizen of the United States 
at the time of the adoption of this Constitution, shall be ehgible to the office of 
President ; neither shall any person be eligible to that office who shall not have 
attained to the age of thirty-five years, and been fourteen years a resident within 
the United States. 

6. In case of the removal of the President from office, or of his death, resig- 
nation, or inability to discharge the powers and duties of said office, the same 
shall devolve on the Vice-President ; and the Congress may by law provide for 
the case of removal, death, resignation, or inability, both of the President and 
Vice-President, declaring what officer shall then act as President, and such offi- 
cer shall act accordingly, until the disability be removed or a President shall be 
elected. 

7. The President shall, at stated times, receive for his services a compensation, 
which shall neither be increased nor diminished during the period for which he 
shall have been elected, and he shall not receive within that period any other 
emolument from the United States, or any of them. 

8. Before he enter on the execution of his office, he shall take the following 
oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the United States, and will, to the best of my abihty, preserve, pro- 
tect, and defend the Constitution of the United States." 

Section 2. — i. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States when called 
into the actual service of the United States; he may require the opinion, in 
writing, of the principal officer in each of the executive departments, upon any 
subject relating to the duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offenses against the United States, except in 
cases of impeachment. 

2. He shall have power, by and with the advice and consent of the Senate, to 
make treaties, provided two thirds of the Senators present concur; and he shall 
nominate, and by and with the advice and consent of the Senate, shall appoint 
Embassadors, other pubhc Ministers and Consuls, Judges of the Supreme Court, 
and all other officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law ; but the Congress 
may by law vest the appointment of such inferior officers as they think proper. 
in the President alone, in the Courts of law, or in the heads of Departments. 

3. The President shall have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions which shall expire at 
the end of their next session. 

Section 3. — He shall, from time to time, give to the Congress information of 
the state of the Union, and recommend to their consideration such measures as 
he shall judge necessary and expedient ; he may, on extraordinary occasions, 
convene both Houses, or either of them, and in case of disagreement between 
them with respect to the time of adjournment, he may adjourn them to such 



CONSTITUTION OF THE UNITED STATES 359 

time as he shall think proper ; he shall receive Embassadors and other pubhc 
Ministers ; he shall take care that the laws be faithfully executed, and shall com- 
mission all the officers of the United States. 

Section 4.— The President, Vice-President, and all civil officers of the United 
States, shall be removed from office on impeachment for, and conviction of, 
treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. Section i.— The judicial power of the United States shall 
be vested in one Supreme Court, and in such inferior Courts as the Congress 
may from time to time ordain and establish. The Judges, both of the Supreme 
and inferior Courts, shall hold their offices during good behavior, and shall, at 
stated times, receive for their services a compensation which shall not be dimin- 
ished during their continuance in office. 

Section 2.— i. The judicial power shall extend to all cases in law and equity 
arising under this Constitution, the laws of the United States, and treaties made, 
or which shall be made, under their authority ; to all cases affecting Embassadors, 
other public Ministers, and Consuls ; to all cases of admiralty and maritime juris- 
diction ; to controversies to which the United States shall be a party ; to contro- 
versies between two or more States; between a State and citizens of another 
State ; between citizens of different States ; between citizens of the same State 
claiming lands under grants of different States ; and between a State, or the cit- 
izens thereof, and foreign states, citizens, or subjects. 

2. In all cases affecting Embassadors, other public Ministers, and Consuls, and 
those in which a State shall be party, the Supreme Court shall have origmal 
jurisdiction. In all the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with such exceptions and 
under such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by jury ; 
and such trial shall be held in the State where the said crimes shall have been 
committed; but when not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

Section 3. — i. Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of treason, but 
no attainder of treason shall work corruption of blood, or forfeiture, except dur- 
ing the life of the person attainted. 

ARTICLE IV. Section i.— Full faith and credit shall be given in each 
State to the public acts, records, and judicial proceedings of every other State. 
And the Congress may, by general laws, prescribe the manner in which such 
acts, records, and proceedings shall be proved, and the effect thereof. 

Section 2. — i. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other crime, who 



36o APPENDIX 

shall flee from justice, and be found in another State, shall, on demand of the 
executive authority of the State from which he fled, be delivered up, to be re- 
moved to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under the laws thereof, es- 
caping into another, shall, in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

Section 3. — i. New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdiction of any other 
State ; nor any State be formed by the junction of two or more States, or parts 
of States, without the consent of the legislatures of the States concerned as well 
as of the Congress. 

2. The Congress shall have power to dispose of and make all needful rules 
and regulations respecting the territory or other property belonging to the United 
States ; and nothing in this Constitution shall be so construed as to prejudice 
any claims of the United States or of any particular State. 

Section 4. — The United States shall guarantee to every State in this Union a 
republican form of government, and shall protect each of them against invasion ; 
and, on application of the legislature, or of the Executive (when the legislature 
can not be convened) against domestic violence. 

ARTICLE V. — The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose Amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall call a 
convention for proposing Amendments, which, in either case, shall be valid to 
all intents and purposes as part of this Constitution, when ratified by the legis- 
latures of three fourths of the several States, or by conventions in three fourths 
thereof, as the one or the other mode of ratification may be proposed by the 
Congress : provided, that no Amendment which may be made prior to the year 
one thousand eight hundred and eight shall in any manner affect the first and 
fourth clauses in the ninth section of the first article ; and that no State, without 
its consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. — I. All debts contracted and engagements entered into, before 
the adoption of this Constitution, shall be as vahd against the United States 
under this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States which shall be made 
in pursuance thereof, and all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme law of the land ; and the 
judges in every State shall be bound thereby, anything in the constitution or 
laws of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the members of 
the several State legislatures, and all executive and judicial officers, both of the 
United States and of the several States, shall be bound by oath or af^rmation to 
support this Constitution ; but no religious test shall ever be required as a quali- 
fication to any ofhce or public trust under the United States. 



CONSTITUTION OF THE UNITED STATES 361 

ARTICLE VII. — The ratification of the Conventions of nine States shall be 
sufficient for the establishment of this Constitution between the States so ratify- 
ing the same. 



AMENDMENTS TO THE CONSTITUTION. 

ARTICLE I. — Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the freedom of 
speech or of the press ; or the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. 

ARTICLE II. — -A well-regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not be infringed. 

ARTICLE III. — No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, but in a manner to 
be prescribed by law. 

ARTICLE IV. — The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall not be vio- 
lated, and no warrants shall issue, but upon probable cause, supported by oath 
or affirmation, and particularly describing the place to be searched, and the per- 
sons or things to be seized. 

ARTICLE V. — No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the mihtia when in actual 
service in time of war or public danger ; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or limb ; nor shall be compelled 
in any criminal case to be a witness against himself; nor be deprived of life, 
liberty, or property, without due process of law ; nor shall private property be 
taken for public use without just compensation. 

ARTICLE VI. — In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have been pre- 
viously ascertained by law, and to be informed of the nature and cause of the 
accusation ; to be confronted with the witnesses against him ; to have compulsory 
process for obtaining witnesses in his favor, and to have the assistance of counsel 
for his defense. 

ARTICLE VII. — In suits at common law where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be preserved, and no 
fact tried by a jury shall be otherwise re-examined in any Court of the United 
States, than according to the rules of the common law. 

ARTICLE VIII. — Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. — The enumeration in the Constitution of certain rights shall 
not be construed to deny or disparage others retained by the people. 



362 APPENDIX 

ARTICLE X.— The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the States respectively, 
or to the people. 

ARTICLE XL— The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by. citizens of another State, or by citizens or subjects 
of any foreign state. 

ARTICLE XII. — The electors shall meet in their respective States, and vote 
by ballot for President and Vice-President, one of whom, at least, shall not be 
an inhabitant of the same State with themselves ; they shall name in their ballots 
the person voted for as President, and in distinct ballots the person voted for as 
Vice-President, and they shall make distinct lists of all persons voted for as Pres- 
ident, and of all persons voted for as Vice-President, and of the number of votes 
for each, which lists they shall sign and certify, and transmit sealed to the seat 
of the government of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be counted ; 
the person having the greatest number of votes for President shall be the Presi- 
dent, if such number be a majority of the whole number of Electors appointed ; 
and if no person have such majority, then from the persons having the highest 
numbers, not exceeding three, on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the President. 
But in choosing the President, the votes shall be taken by States, the represen- 
tation from each State having one vote ; a quorum for this purpose shall consist 
of a member or members from two thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice-President 
shall act as President, as in the case of the death or other constitutional disa- 
bility of the President. The person having the greatest number of votes as 
Vice-President shall be the Vice-President, if such number be a majority of the 
whole number of Electors appointed ; and if no person have a majority, then 
from the two highest numbers on the list the Senate shall choose the Vice-Pres- 
ident ; a quorum for the purpose shall consist of two thirds of the whole number 
of Senators, and a majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of President shall be 
eligible to that of Vice-President of the United States. 

ARTICLE XIII. — I. Neither Slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdiction. 

2. Congress shall have power to enforce this article by appropriate legislation. 

ARTICLE XIV. — I. All persons bom or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United States and of 
the State wherein they reside. No State shall rnake or enforce any law which 



CONSTITUTION OF THE UNITED STATES 363 

shall abridge the privileges or immunities of citizens of the United States ; nor 
shall any State deprive any person of life, liberty, or property, without due 
process of law, nor deny to any person within its jurisdiction the equal protec- 
tion of the laws. 

2. Representatives shall be apportioned among the several States according 
to their respective numbers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the right to vote at any election 
for the choice of Electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the male inhabitants of 
such State, being twenty-one years of age, and citizens of the United States, or 
in any way abridged, except for participation in rebeUion or other crime, the basis 
of representation therein shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

3. No person shall be a Senator or Representative in Congress, or Elector of 
President and Vice-President, or hold any office, civil or military, under the 
United States, or under any State, who, having previously taken an oath, as a 
member of Congress, or as an officer of the United States, or as a member of 
any State legislature, or as an executive or judicial officer of any State, to sup- 
port the Constitution of the United States, shall have engaged in insurrection or 
rebeUion against the same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two thirds of each House, remove such disability. 

4. The vaUdity of the public debt of the United States, authorized by law, in- 
cluding debts incurred for payment of pensions and bounties for services in sup- 
pressing insurrection or rebellion, shall not be questioned. But neither the 
United States nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave ; but all such debts, obligations, and claims 
shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate legislation, the 
provisions of this article. 

ARTICLE XV.— I. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any State, on account of 
race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by appropriate legis- 
lation. 

ARTICLE XVI. — The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment among the several 
States, and without regard to any census or enumeration. 

ARTICLE XVII.— I. The Senate of the United States shall be composed of 
two Senators from each State, elected by the people thereof, for six years ; and each 
Senator shall have one vote. The electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State legislatures. 



3^4 APPENDIX 

2. When vacancies happen in the representation of any State in the Senate, the 
executive authority of such state shall issue writs of election to fill such vacancies: 
Provided, That the legislature of any State may empower the executive thereof to 
make temporary appointment until the people fill the vacancies by election as the 
legislature may direct. 

3. This amendment shall not be so construed as to affect the election or term of 
any senator chosen before it becomes valid as part of the Constitution. 



ABSTRACT OF THE STATE CONSTI- 
TUTION 



ARTICLE I.— Personal Rights. 

Section i. — Persons not to be Disfranchised. — No member of the State 
may be disfranchised or be deprived of any right or privilege, except by law 
and after a legal trial. 

Section 2. — Trial by Jury. — The right to trial by jury, in all cases where 
it has heretofore been used, shall remain inviolate. 

Section 3. — Freedom of Worship. — Free exercise and enjoyment of re- 
ligious profession and worship shall be allowed to all ; and no person shall be 
rendered incompetent to be a witness on account of his opinions in matters 
of religion. 

Section 4. — Habeas Corpus. — The privilege of the writ of habeas corpus 
may not be suspended, except in time of rebellion or invasion. 

Section 5. — Excessive Bail and Fines. — Excessive bail shall not be 
required, nor excessive fines imposed, nor cruel or unusual punishments in- 
flicted, nor shall witnesses be unreasonably detained. 

Section 6. — Rights of Accused Persons. — No person may be held to 
answer for a capital or infamous crime (except in cases of impeachment, cases 
in the army and navy, and cases of petit larceny under regulations of the 
legislature) unless on presentment or indictment of a grand jury. Accused 
persons may appear in court and defend themselves in person and by counsel. 
No person may be twice put in jeopardy for the same offense ; nor in a crimi- 
nal case be compelled to be a witness against himself; nor be deprived of 
life, liberty or property without due process of law. Private property may 
not be taken for public use without just compensation. 

Section 7. — Compensation on Taking Private Property. Private Roads. 
Drainage of Agricultural Lands. — When private property is taken for public ' 
use, compensation may be ascertained by commissioners appointed by a court 
of record. Private roads may be opened when necessary, the necessity and 
the amount of damage to be ascertained by ^ jury of freeholders. Owners 



366 APPENDIX 

of agricultural lands may construct necessary drains across the property of 
another, under proper restrictions and with just compensation. 

Section 8. — Freedom of Speech and the Press. — Every citizen may freely 
speak, write and publish his sentiments on all subjects, being responsible for 
the abuse of that right. In criminal prosecutions for libel the truth may be 
given in evidence, and if the matter charged as libelous is true, but was pub- 
lished with good motives and for ju*stifiable ends, the party must be acquitted. 

Section 9. — Right of Assembly and Petition. Divorces. Prohibition 
of Gambling. — The people may peaceably assemble and petition the govern- 
ment. Divorces may not be granted except by judicial proceedings. Lotter- 
ies, pool-selling, book-making and 'all gambling are unlawful. 

Section 10. — Escheats. — All lands the titles to which fail from defect of 
heirs revert to the people of the State. 

Section ii. — Feudal Tenures Abolished. — All feudal tenures with all 
their incidents are abolished, except rents and services certain which have 
been lawfully created. 

Section 12. — Allodial Tenures. — All lands in the State are allodial and 
may be sold or disposed of by the owners. 

Seciion 13. — Leases of Agricultural Land. — No lease of agricultural land 
may be made for a longer period than twelve years. 

Section 15. — Purchase of Land from Indians. — No purchase of land from 
the Indians is valid unless made under the authority of the legislature. 

Section 16. — Common Law and the State Law. — Those parts of the Com- 
mon Law of England not repugnant to the State constitution, which were in 
force in the State April 19, 1775, and have not since expired or been re- 
pealed, continue to be the law of the State. 

Section 18. — Damages for Injuries Causing Death. — The right of action 
to recover damages for injuries resulting in death shall not be abrogated, and 
the amount recoverable shall not be subject to statutory limitation. 

Section 19. — Workmen's Compensation. — The legislature shall have power 
to pass laws providing for the compensation of employees in case of injury. 



ARTICLE II.— Voting. 

Section i. — Qualifications of Voters — A man or woman twenty-one years 
of age, who has been a citizen for ninety days, and an inhabitant of the State 
for one year, and a resident of the county for four months, and a resident of 
the election district for thirty days, has a right to vote. No elector in the 
military service of the State, or in the army or navy of the United States^ 



STATE cOMsTiTUTlON 3^7 

shall be deprived of the right to vote by reason of his absence from his 
election district. 

Section 2. — Persons Excluded from the Suffrage. — No person who shall 
receive, accept or offer to receive, or pay, offer or promise to pay, contribute, 
offer or promise to contribute to another, to be paid or used, any money or 
other valuable thing as a compensation or reward for the giving or withhold- 
ing of a vote at an election ; or who shall make or become directly or in- 
directly interested in any bet depending upon the result of any election, may 
vote at such election. The legislature shall enact laws excluding from the 
right of suffrage all persons convicted of bribery or of any infamous crime. 

Section 3. — Residence for Purposes of Voting. — No person gains or loses 
a residence for purposes of voting by reason of his presence or absence in the 
service of the United States, or in navigation, or at school, or while kept in 
any almshouse or asylum supported wholly or partly at public expense or by 
charity, or while confined in a public prison. 

Section 4. — Registration. — Registration for purposes of voting must be 
completed at least ten days before the election. In cities and villages having 
5,000 inhabitants and over, registration must be on personal application of 
the would-be voter. Persons not residents of such cities and villages need 
not personally apply for registration at the first meeting of the board of 
registry. 

Section 5. — Manner of Voting. — All elections, except for such town 
officers as may by law be directed otherwise to be chosen, shall be by ballot, 
or by some other prescribed method of secret voting. 

Section 6. — Election and Registration Boards to be Bipartisan. — All 
election and registration boards must be composed of an equal number of 
representatives from the two political parties that at the last preceding election 
cast the highest and the next highest number of votes. This does not apply 
to town meetings or to village elections. 



ARTICLE III.— The Legislature. 

Section I. — Legislative Powers. — The legislative power of the State is 
vested in the senate and the assembly. 

Section 2. — Number and Terms of Senators and Assemblymen. — The 
senate is composed of fifty members except as otherwise provided, and 
senators are elected for terms of two years each. The assembly is com- 
posed of 150 members, assemblymen being elected for terms of one ye^ 
each. 



368 APPENDIX 

Section 3. — Senate Districts. — The State is divided into senate districts, 

each of which elects one senator. Senate districts in 1895-1906 werei^ 

1. Richmond and Suffolk counties. 

2. Queens County (including present Queens and Nassau), 

3. 1st, 2d, 3d, 4th, 5th and 6th wards of Brooklyn. 

4. 7th, 13th, 19th and 2ist wards of Brooklyn. 

5. 8th, loth, 1 2th, 30th and 31st wards of Brooklyn. 

6. 9th, nth, 20th and 22d wards of Brooklyn. 

7. 14th, 15th, 1 6th and 17 th wards of Brooklyn. 

8. 23d, 24th, 25th, 29th and 32d wards of Brooklyn. 

9. 1 8th, 26th, 27th and 28th wards of Brooklyn. 

10. 1st, 2d and 4th assembly districts, Manhattan. 

11. 6th, 8th and loth assembly districts, Manhattan. 

12. I2th, 14th and l6th assembly districts, Manhattan. 

13. 3d, 5th and 7th assembly districts, Manhattan. 

14. 1 8th, 20th and 22d assembly districts, Manhattan. 

15. 25th, 27th and 29th assembly districts, Manhattan. 

16. 9th, nth and 13th assembly districts, Manhattan. 

17. 15th, 17th and 19th assembly districts, Manhattan. 
18. , 24th, 26th and 28th assembly districts, Manhattan. 

19. 2ist, 23d and 31st assembly districts, Manhattan. 

20. 30th, 32d and 33d assembly districts, Manhattan. 

21. 34th and 35th assembly districts, Manhattan and The Bronx. 

22. Westchester County and part of The Bronx (Annexed District). 

23. Orange and Rockland counties. 

24. Dutchess, Columbia and Putnam counties. 

25. Ulster and Greene counties. 

26. Delaware, Chenango and Sullivan counties. 

27. Montgomery, Fulton, Hamilton and Schoharie counties. 

28. Saratoga, Schenectady and Washington counties. 

29. Albany County. 

30. Rensselaer County. 

31. Clinton, Essex and Warren counties. 

32. St. Lawrence and Franklin counties. 

33. Otsego and Herkimer counties. 

34. Oneida County. 

35. Jefferson and Lewis counties. 

36. Onondaga County. 

* For map showing presetnt senate districts, see p. 148. 



. STATE CONSTITUTION 3^9 



37. Oswego and Madison counties. 

38. Broome, Cortland and Tioga counties. 

39. Cayuga and Seneca counties. 

40. Chemung, Tompkins and Schuyler counties. 

41. Steuben and Yates counties. 

42. Ontario and Wayne counties. 

^^' \ Monroe County. 

44- J 

45. Niagara, Genesee and Orleans counties. 

46. Allegany, Livingston and Wyoming counties. 

47. 1 

48. \ Erie County. 

49. J 

50. Chautauqua and Cattaraugus counties. 



Section 4. — Enumeration and Reapportionment. — The inhabitants of the 
State are to be enumerated in 1905 and every tenth year thereafter. After 
each enumeration the legislature must alter the senate districts so that each 
shall contain as nearly as possible an equal number of inhabitants. Districts 
must be in compact form, and counties must not be divided except to form one 
or more senate districts wholly within a county. No town or city block may 
be divided in forming senate districts. No county may have four or more 
senators unless it has a full ratio for each senator. No one county may con- 
tain more than one third and no two adjoining counties more than one half 
of the total number of senators. The ratio for apportioning senators is ob- 
tained by dividing the total population, aliens excluded, by fifty, and the 
senate is to contain fifty members, except that if any county having three or 
more senators at the time of an apportionment is entitled to an additional 
senator or senators, such additional senator or senators shall be given to the 
county in addition to the fifty senators. 

Section 5. — Apportionment of Assemblymen. — Assemblymen are to be 
apportioned among the counties in proportion to population, but no county 
heretofore established is to have less than one, except Hamilton which 
with the county of Fulton together elect one assemblyman. The ratio of ap- 
portionment for assemblymen is obtained by dividing the whole number of 
inhabitants, aliens excepted, by 150. One member of assembly is apportioned 
to every county containing less than the ratio and one-half over and two to 
every other county. The remaining members are apportioned to counties 
having more than two ratios in proportion to population, aliens excepted. 
Counties entitled to more than one assemblyman are divided into assembly 



370 APPENDIX 

districts by the board of supervisors, or by the common council where a city 
embraces an entire county and the latter has no board of supervisors. Fol- 
lowing was the apportionment for 1895- 1906: 

Counties entitled to one assemblyman : Allegany, Chemung, Chenango, 
Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton (including 
Hamilton), Genesee, Herkimer, Greene, Lewis, Livingston, Madison, 
Montgomery, Ontario, Orleans, Otsego, Putnam, Richmond, Rockland, 
Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Sullivan, Tioga, Tomp- 
kins, Warren, Washington, Wayne, Wyoming, Yates. 

Counties entitled to two assemblymen : Broome, Cattaraugus, Cayuga, 
Chautauqua, Dutchess, Jefl'erson, Niagara, Orange, Oswego, St. Lawrence, 
Steuben, Suffolk, Ulster. 

Counties entitled to three assemblymen: Oneida, Queens,^ Rensselaer, 
Westchester. 

Counties entitled to four assemblymen : Albany, Monroe, Onondaga. 

County entitled to eight assemblymen : Erie. 

County entitled to twenty-one assemblymen : Kings. 

County entitled to thirty-five assemblymen: New York. 

Section 6. — Compensation of Legislators. — Each member of the legisla- 
ture is to receive an annual salary of ^1,500, and in addition one dollar for 
every ten miles which he travels going to and returning from the meeting- 
place of the legislature once in each session, on the most usual route. 

Section 7. — Civil Appointments of Legislators Void. — No member of the 
legislature may receive any civil appointment during the time for which he is 
elected, and any such appointment is void. 

Section 8. — Persons Disqualified from Being Members of the Legisla- 
ture. — No person is eligible to the legislature, who at the time of his election, 
or within one hundred days previous thereto, has been a member of Con- 
gress, or a civil or military officer under the United States, or an officer under 
any city government. 

Section 9. — Time of Elections. — Members of the legislature are elected 
on the Tuesday following the first Monday in November, unless otherwise 
ordered by the legislature. 

Section 10. — Powers of Each House. — A majority of the members of each 
house of the legislature constitutes a quorum. Each house makes its own 
rules of procedure, judges of the election and qualifications of its members, 
and chooses its own officers. The senate chooses a temporary president to 
act in the absence of the lieutenant governor. 

*The third district of the former Queens County included the new County of Nassau. 



STATE CONSTITUTION Zn 

Section ii. — Journals and Proceedings. — Each house keeps a journal of 
its proceedings, which are open to the public except when public welfare 
requires secrecy. Neither house may adjourn for more than two days with- 
out the consent of the other. 

Section 12. — Freedom of Debate. — No member may be legally ques- 
tioned in any other place for any speech or debate in either house of the 
legislature. 

Section 13. — Bills may Originate in Either House. — Any bill may origi- 
nate in either house of the legislature, and all bills passed by one house may 
be amended by the other. 

Section 14. — Enacting Clause. — The enacting clause of all bills shall be, 
" The People of the State of New York represented in senate and assembly, 
do enact as follows " : 

Section 15. — Manner of Passing Bills. — No bill may be passed or become 
a law unless it is printed and lies in its final form for at least three calendar 
legislative days upon the desks of the members, unless the governor or acting 
governor certify to the need of its immediate passage. No bill may be passed 
except by the assent of the majority of the members elected to each branch, 
of the legislature. No amendment is allowed on the last reading of a bill. 

Section 16. — Private and Local Bills. — No private or local bill may em- 
brace more than one subject, and that must be expressed in its title. 

Section 18. — Certain Private and Local Bills Prohibited. — Private or local 
bills may not be passed in the following cases, but the legislature may enact 
general laws thereon affecting the whole State : Changing names of persons ; 
laying out, opening, altering and discontinuing roads ; locating or changing 
county seats ; changing venue in civil or criminal suits ; incorporating vil- 
lages; selecting and summoning jurors; regulating the rate of interest; con- 
ducting elections ; creating and changing fees of public officers ; granting the 
right to lay railroad tracks ; granting to any private corporation, association 
or individual any exclusive privilege, immunity or franchise ; providing for 
bridges except over the Hudson below Waterford, on the East River, or over 
waters forming the boundaries of the State. 

Section 19. — Private Claims not to be Audited by the Legislature. — The 
legislature may audit no private claim, but may appropriate money to pay 
claims lawfully audited. 

Section 20. — Two-thirds Bills. — The assent of two thirds of the members 
of each legislative house is necessary to pass a bill appropriating public 
money for local or private purposes. 

Section 21. — Appropriation Bills. — No money may be paid out of the 
treasury of the State except in pursuance of an appropriation by law. 



372 APPENDIX 

S^x:tion 22. — Restricting Provisions in Appropriation Bills.— No provision 
toa.y be embraced in an annual appropriation or supply bill unless it relates 
specifically to some particular appropriation in the bill. 

Section 24. — Tax Bills. — Every law imposing a tax must state distinctly 
the tax and the object to which it is to be applied. 

Section 25. — Quorum in case of Money Bills. — On the passage of an act 
imposing a tax, creating a debt, or making an appropriation of public money, 
or releasing any claim of the State, the vote of each member must be re- 
corded, and three fifths of all the members elected to either house constitute a 
quorum. 

Section 26. — Boards of Supervisors. — Every county, except in cities whose 
boundaries are the same as those of a county, must have a board of supervis- 
ors ; but in such cities the duties of supervisors devolve upon the common 
council. 

Section 27. — Local Legislative Powers. — The legislature may confer upon 
boards of supervisors and county auditors further powers of local legislation. 

Section 28. — Extra Compensation Prohibited. — Neither the legislature, a 
^common council, nor a board of supervisors may grant any extra compensa- 
tion to any public officer, servant, or contractor. 

Section 29. — Prison Labor Contract System Abolished. — The labor of 
public prisoners may not be farmed out, contracted, given or sold to any 
person, firm, association or corporation ; but the products of prison labor may 
be disposed of to the State or any of its political divisions or public 
institutions. 

ARTICLE IV.— Governor and Lieutenant Governor. 

Section i. — Executive Power. — The executive power of the State is vested 
in the governor. Governor and lieutenant governor are chosen at the same 
time and hold office for a term of two years each. 

Section 2. — Qualifications. — To be eligible to the office of governor or 
lieutenant governor a person must be a citizen of the United States, at least 
thirty years of age, and five years a resident of the State. 

Section 3. — Election. — Governor and lieutenant governor are to be elected 
at the times and places of choosing members of the assembly. On a tie vote 
the two houses of the legislature may choose a governor or lieutenant 
governor. 

Section 4. — Governor's Powers and Duties. — The governor is commander 
in chief of the State's military and naval forces, has power to convene the 
legislature or senate in extra session, must send a message to the legislature 



STATE CONSTITUTION 373 

at each session, transacts all necessary business with the civil or military 
officers of the government, must faithfully execute all laws, and receives an 
annual salary of ^10,000. 

Section 5. — Reprieves, Commutations and Pardons. — The governor has 
power to grant reprieves, commutations and pardons after conviction, for all 
offenses except treason and cases of impeachment. 

Section 6. — When Lieutenant Governor Acts for Governor. — The lieu- 
tenant governor acts in place of the governor when the latter is impeached, 
removed from office, dies, resigns, or becomes unable to discharge the duties 
of his office. 

Section 7. — Duties of Lieutenant Governor. Succession to Governorship. 
— The lieutenant governor is president of the senate and has a casting vote 
therein. When both governor and lieutenant governor become for any 
reason unable to perform the duties of the governor, the president of the 
senate is to act as governor, and in case of his disability, the speaker of the 
assembly. 

Section 8. — Salary of Lieutenant Governor. — The lieutenant governor is 
to receive an annual salary of ^5,000 and no other compensation. 

Section 9. — Legislative Powers of Governor. — Bills passed by the legisla- 
ture must be presented to the governor before becoming laws. If he approves 
a bill he signs it. If the governor disapproves of a bill so passed he must re- 
turn it to the house in which it originated with a statement of his objections. 
The legislature must then proceed to reconsider the bill, and if it is finally 
approved by two thirds of the members elected to both houses, it becomes a 
law in spite of the objections of the governor. A bill not returned by the 
governor within ten days (Sundays excepted) after it has been presented to 
him becomes a law the same as if he had signed it, unless the legislature by 
its adjournment prevents a return of the bill, in which case it does not be- 
come a law without the express approval of the governor. No bill becomes 
a law after the final adjournment of the legislature unless approved by the 
governor within thirty days after adjournment. The governor may veto 
separate items in an appropriation bill, while allowing other portions of the 
bill to pass. 

ARTICLE v.— Other Executive Officers. 

Section i. — Officers, Terms and Compensation. — The secretary of state, 
comptroller, treasurer, attorney-general, and State engineer and surveyor are 
to be chosen at the same times and places as the governor and lieutenant 
governor and are to hold office for terms of two years each. The State engi^ 
neer and surveyor must be a practical civil engineer. 



374 APPENDIX 

Section 3. — Superintendent of Public Works. — A superintendent of public 
works is to be appointed by the governor, by and with the advice and consent 
of the senate, to hold office until the end of the governor's term, or until his 
successor is appointed. He is to execute all laws relating to the repair, navi- 
gation, construction and improvement of the canals, except such as are not 
confided to the State engineer and surveyor. He may be suspended or re- 
moved from office by the governor. 

Section 4. — Superintendent of State Prisons. — A superintendent of State 
prisons is to be appointed by the governor, bj and with the advice and con- 
sent of the senate, for a term of five years. He may be removed by the gov- 
ernor for cause. 

Section 5.— Various Commissioners. — The lieuteLint governor, speaker of 
the assembly, secretary of state, comptroller, treasurer, attorney-general, and 
State engineer and surveyor are the commissioners of the land office. The 
lieutenant governor, secretary of state, comptroller, treasurer and attorney- 
general are commissioners of the canal fund. The latter with the State 
engineer and surveyor, and the superintendent of public works, are the canal 
board. 

Section 7. — State Treasurer may be Suspended. — The governor may 
suspend the State treasurer during a recess of the legislature, when it appears 
that the treasurer has violated his duty. 

Section 9. — Civil Service Appointments and Promotions. — Appointments 
and promotions in the civil service of the State, and of all civil divisions 
thereof, including cities and villages, are to be made according to merit and 
fitness, to be ascertained, so far as practicable, by examinations, which so far 
as practicable, are to be competitive. Honorably discharged soldiers and 
sailors, who are veterans of the late civil war, and residents and citizens of 
the State, are entitled to preference in appointment and promotion without 
regard to their standing on the civil service lists. 

ARTICLE VI.-CouRTS. 

Section i. — Supreme Court. — The supreme court is continued with gen- 
eral jurisdiction in law and equity, subject to the appellate jurisdiction of the 
court of appeals. The legislature may alter the judicial districts once after 
every enumeration of the inhabitants of the State under the constitution, and 
may reapportion the justices. 

Section 2. — Judicial Departments. Appellate Courts. — The State is di- 
vided into five judicial departments; the first consists of New York and Bronx 
counties, the others are bounded by county lines, are compact and as nearly 



STATE CONSTITUTION. 375 

equal in population as possible. There is an appellate division of the supreme 
court in each department, consisting of seven justices in the first and second 
departments and of five in the third and fourth departments. P our constitute 
a quorum and the concurrence of three is necessary to a decision. The 
governor appoints from among all the justices of the supreme court, the judges 
of the several appellate divisions and the presiding justice in each division. 

Section 3. — Justice not to Sit in Review. — No judge may sit in the appel- 
late division or in the court of appeals in review of a decision previously 
made by him in another court. 

Section 4. — Terms of Office. — The official terms of justices of the supreme 
court are fourteen years. The governor may fill vacancies by appointment. 

Section 7. — Court of Appeals. — This court is to consist of seven justices — 
including a chief justice — elected for terms of fourteen years. Five are a 
quorum, and the agreement of four is necessary to a decision. The governor 
may appoint four supreme court judges to sit temporarily in this court. 

Section 9.— Jurisdiction of Court of Appeals. — The jurisdiction of the 
court of appeals, except where the judgment is of death, is limited to a re- 
view of questions of law. No unanimous decision of the appellate division 
of the supreme court that there is evidence tending to sustain the finding of a 
fact or a verdict not directed by the court, may be reviewed by the court of 
appeals. The right to appeal to the latter court shall not depend upon the 
amount of money involved. 

Section 10. — Judges not to Hold Other Office. — The judges of the court 
of appeals and of the supreme court may hold no other office or public trust. 

Section ii. — Removal of Judges. — Judges of the court of appeals and of 
the supreme court may be removed for cause by two thirds of the members 
elected to each house of the legislature. Other judicial officers, except jus- 
tices of the peace and justices of inferior courts not of record, may be re- 
moved by two thirds of the senators, on the recommendation of the governor. 

Section 12. — Age Restriction. — No person may hold the office of judge or 
justice of any court longer than until and including the last day of December 
next after he shall be seventy years of age. (Amendment of 1909 fixes sal- 
aries of supreme court justices; see page 367.) 

Section 13. — ^Trial of Impeachments. — The assembly, by a vote of a ma- 
jority of the members elected, has the power of impeachment. The court for 
the trial of impeachments is composed of the president of the senate, a ma- 
jority of the senators, and a majority of the judges of the court of appeals 
sitting together. Conviction is by concurrence of two thirds of the members. 
The judgment of the court does not extend beyond removal from office, or re- 
moval and disqualification to hold any office under the State, 



376 APPENDIX 

Section 14. — County Courts. — There is to be a county court in each 
county, presided over by a county judge, elected for a term of six years by 
the voters of his county. Kings county has four county judges. County 
courts have original jurisdiction in civil suits where the amount involved does 
not exceed ^2,000. 

Section 15. — Surrogate's Courts. — Surrogate's courts are to be held in 
each county, by a surrogate chosen for a term of six years (except in New 
York county, where the term is fourteen years) by the people of the county ; 
except that in counties having less than 40,000 population the county judge is 
to act as surrogate. 

Section 17. — Justices of the Peace and District Court Judges. — Justices of 
the peace are to be elected in each town at the annual town meeting for terms 
of four years each. Their number and classification may be regulated by 
law. Justices of the peace and justices of inferior local courts not of record 
may be removed for cause by such courts as may be prescribed by law. Jus- 
tices of the peace and district court judges may be elected in the different cities 
with powers and terms prescribed by law. 

Section 18. — Inferior Local Courts. — Inferior local courts may be estab- 
lished by the legislature, but not as courts of record. Such courts may exer- 
cise no equity jurisdiction nor any greater jurisdiction in other respects than 
is conferred upon county courts. 

Section 20. — Judges not to Receive Fees. — No judicial officer, except 
justices of the peace, may receive any fees. No judge of the court of appeals, 
or justice of the supreme court, or any county judge or surrogate elected in a 
county having more than 120,000 population, may practice law in a court of 
record in this State, or act as referee. Only attorneys of this State are eligi- 
ble for judicial positions. 

Section 21. — Publication of Statutes. — The legislature must provide for 
the speedy publication of all statutes, but all laws and judicial decisions may 
be published freely by any person. 

ARTICLE VII.— State Property and Debts. 

Section i. — State Credit not to be Given. — The credit of the State may 
not be given or loaned in aid of any individual, association or corporation. 

Section 2. — Power of the State to Contract Debts. — To meet casual def- 
icits or failures in revenue, the State may contract debts not to exceed at any 
one time one million dollars. Moneys so raised must be applied only to the 
purposes for which they were raised. 

Section 3. — State Debts to Repel Invasion. — The State may contract debts 



STATE CONSTITUTION. 377 

to repel invasion, suppress insurrection, or defend the State in war ; but 
moneys raised for such purposes may be applied only to the purposes for 
which they were raised. 

Section 4. — Other State Debts. — No other State debt may be contracted 
except by law, and for some single work or object to be distinctly specified ; 
and the law must provide for the collection of a direct annual tax sufficient 
to pay the interest on the debt, and to pay the debt within fifty years ; and 
before taking effect, such law must be submitted to the people at a general 
election and be approved by a majority of the votes cast for and against it. 

Section 5. — Sinking Funds. — Sinking funds provided for payment of State 
debts must be separately kept and invested, and used for no other purpose. 

Section 6. — Limitation of Claims. — No person or official acting in behalf 
of the State may allow or pay any claim against the State, which, as between 
citizens of the State, would be barred by lapse of time. 

Section 7. — Forest Preserve. — The State forest preserve must be forever 
kept as wild forest land, and may not be leased, sold, or exchanged, and the 
timber on the same may not be sold, removed or destroyed. 

Section 8. — Canals. — The Erie Canal, the Oswego Canal, the Champlain 
Canal, the Cayuga and Seneca Canal, and the Black River Canal are to re- 
main the property of the State and under its management. 

Section 9. — No Tolls on Canals. — -No tolls may be imposed upon persons 
or property transported on canals owned by the State. 

Section 10. — Canal Improvement. — The canals may be improved as the 
legislature may direct, the cost to be defrayed by an appropriation of funds 
from the State treasury, or by annual tax. 

Section ii. — Payment of Debts.-^The direct tax required by Section 4 
above, need not be collected if the legislature provides other funds instead. 

Section 12. — Highways. — State debts not exceeding ^50,000,000 may be 
incurred by general laws for improvement of highways. 

ARTICLE VIII. — Corporations, Public Funds, etc. 

Section i. — Corporations, as a rule, are to be formed under general laws. 
Municipal corporations may be created by special act. 

Section 4. — Bank Charters. Restriction of Trustees. — No special charter 
for banking purposes may be granted by the legislature. No trustee of a 
savings bank may have any interest in the profits of such corporation. 

Section 5. — Specie Payment. — The legislature has no power to pass any 
law sanctioning the suspension of specie payments by any bank. 

Section 6. — Registry of Bills or Notes. — State bank bills must be registered 
by the State, and ample security provided for their redemption in specie. 



378 APPENDIX 

Section 7. — liability of Stockholders of Banks. — The stockholders of any 
bank are individually responsible to the amount of their respective shares, for 
all the bank's debts. 

Section 9. — Credit of the State not to be Given. — Neither the credit nor 
money of the State may be given or loaned in aid of any private enterprise. 

Section 10. — Cities and Towns not to Loan their Credit. Limitation of 
Indebtedness.— No county, city, town or village may give or loan its money 
or credit in aid of any private enterprise or incur any debt except for munic- 
ipal purposes. No county or city may go into debt in excess of ten per cent, 
of the assessed valuation of its taxable real estate, except to provide a water 
supply. When the boundaries of a city and county are the same, or a city 
shall include within its boundaries more than one county, the power of such a 
county to go into debt ceases, but the existing county debt is not, for the pur- 
poses of this section, to be reckoned as a part of the city debt. No county 
containing a city of over 100,000 inhabitants, and no such city, may levy an 
annual tax of more than two per cent, of the assessed value of its taxable real 
and personal property, above what is necessary to provide for the principal 
and interest of its existing debt. 

Sections ii and 12. — State Board of Charities. State Commission in 
Lunacy. State Commission of Prisons. — The legislature is to provide for a 
State board of charities to visit and inspect all charitable and reformatory in- 
stitutions in the State ; a State commission in lunacy to visit all insane 
asylums in the State ; and a State commission of prisons to visit prisons. 
Members are to be appointed by the governor, by and with the advice and 
consent of the senate, and to be subject to removal by the governor. 

ARTICLE IX.— Education. 

Section i. — The legislature must provide a system of free common schools 
wherein all the children of the State may be educated. 

Section 2. — Regents of the University. — The regents of the University of 
New York are continued under the name of The University of the State of 
New York. 

Section 3. — Common School, Literature, and United States Deposit Funds. 
— The capital of each of these funds must be preserved inviolate. The reve- 
nue of the common school fund is to be applied to the support of the common 
schools, the revenue of the literature fund to the support of the academies, 
and ^25,000 of the United States deposit fund is to be each year appropriated 
to and made a part of the capital of the common school fund. 

Section 4. — Neither the State nor any municipality may aid in the main- 
tenance of any school or institution of learning wholly or in part under the 



STATE CONSTITUTION 379 

control or direction of any religious denomination, or in which any denomina- 
tional tenet or doctrine is taught. 

ARTICLE X.— Public Officers. 

Section i. — Sheriffs, District Attorneys, County Clerks, and Registers. — 
These officers are to be chosen in their respective counties once in three 
years, except in New York, Kings, and Bronx counties, and in counties whose 
boundaries are the same as a city, when they are to be chosen once in two or 
four years, as the legislature may elect. Sheriffs are ineligible for the next 
succeeding term. The governor may remove any of these officers for cause. 

Section 6. — The Political Year. — The political year and the legislative 
term begin on the first day of January. The legislature must assemble on 
the first Wednesday in January. 

Section 9. — Compensation of Officers. — No officer whose salary is fixed 
by the constitution may receive additional compensation. Each of the other 
officers named in the constitution is to receive a salary fixed by law, which 
may not be increased or diminished during his term of office. 

ARTICLE XL— The Militia. 

Section i. — The State Militia. — All able-bodied citizens, not exempt by 
law, who are between the ages of eighteen and forty-five, and residents of the 
State, constitute the militia. 

Section 3. — Organization. — The legislature is to organize the militia and 
to divide it into land and naval forces ; and there must be maintained at all 
times a force of not less than 10,000 men fully uniformed, armed, equipped, 
disciplined, and ready for active service. 

Section 4. — Appointments by Governor. — The governor is to appoint the 
chiefs of all staff departments, his aids-de-camp, and military secretary, whose 
commissions expire with his term. He also appoints by and with the advice 
and consent of the senate, the major generals. 

Section 6. — Removals from Office. — Commissioned officers may be re- 
moved for cause by the senate, on recommendation of the governor, or by 
sentence of a court-martial, or by the findings of an examining board. 

ARTICLE XIL— Cities. 

Section i. — Organization. — It is the duty of the legislature to provide for 
the organization of cities and villages, and to restrict their power of taxation 
and of contracting debt. 



38o APPENDIX 

Section 2. — Classification of Cities. Special City Laws. — Cities of the 
first class have a population of 175,000 and over, of the second class a popu- 
lation between 50,000 and 175,000, cities of the third class include all others. 
When a proposed law applying to a particular city has passed both houses of 
the legislature it must be sent to the mayor of the city, who must return it 
within fifteen days to the legislature, if in session, or to the governor, if the 
legislature be not in session, stating whether or not the city accepts the pro- 
posed law. If accepted, the proposed law is subject to the action of the gov- 
ernor as in case of other bills. If rejected or not returned within fifteen 
days, and the legislature be still in session, the bill may be repassed by both 
branches of the legislature, when it is subject to the action of the governor, as 
in case of other bills. 

Section 3. — Election of City Officers. — City officers in cities of the first 
and second classes including supervisors, and judicial officers of inferior local 
courts, and county officers elected in New York, Kings, and Bronx counties, 
and county officers in all counties whose boundaries are the same as those of a 
city, are to be elected on the Tuesday succeeding the first Monday in Novem- 
ber in an odd-numbered year, and the term of every such officer is to expire 
at the end of an odd-numbered year. 

ARTICLE XIII. — Oath of Office. Provisions Against Bribery and 

Corruption. 

Section i. — Oath of Office. — Members of the legislature, and all officers 
executive and judicial, except such inferior officers as the law exempts, must, 
before they enter upon the duties of office take the following oath : " I do 
solemnly swear (or affirm) that I will support the constitution of the United 
States, and the constitution of the State of New York, and that I will faith- 
fully discharge the duties of the office of . . . according to the best 
of my ability." And all such officers chosen at any election must take the 
following in addition : " And I do further solemnly swear (or affirm) that I 
have not directly or indirectly paid, offered or promised to pay, contributed^ 
or offered or promised to contribute any money, or other valuable thing as a 
consideration or reward for the giving or withholding a vote at the election 
at which I was elected to said office, and have not made any promise to in- 
fluence the giving or withholding any such vote." 

Sections 2 and 3. — Official Bribery and Corruption. — Any person holding 
office under the laws of the State, who accepts a bribe for performing or omit- 
ting to perform any official act, is guilty of a felony. The person who offers 
the bribe is also guilty of a felony. 



STATE CONSTITUTION 381 

Section 5. — Passes and Franking Privileges Prohibited. — No public officer 
may ask or receive for himself or for another any free pass, free transporta- 
tion, franking privilege or discrimination in passenger, telegraph, or tele- 
phone rates. Violation of this section is a misdemeanor both for the party 
receiving and the party granting the pass, privilege, or discrimination. 

Section 6. — Removal of District Attorney. — A district attorney failing to 
faithfully prosecute a person charged with violation in his county of any pro- 
vision of this article may be removed from office by the governor. 

ARTICLE XIV.— Amending the Constitution. 

Section i. — Amendments, How Made.— An amendment to the constitution 
may be proposed in either house of the legislature, and must be passed by a 
majority of the members elected to each house, and then referred to the legis- 
lature chosen at the next general election of senators, in which legislature the 
proposed amendment must again pass both houses as before. The proposed 
amendment is to be then submitted to the voters of the State for adoption or re- 
jection. If a majority of the voters voting on the proposed amendment 
approve it, it becomes a part of the constitution. 

Section 2. — Revision of the Constitution by Convention. — In 1916 and every 
twentieth year thereafter, and also at such times as the legislature may pro- 
vide, there is to be submitted to the voters the question : " Shall there be a 
convention to revise the constitution and amend the same ? " If a majority 
voting decide in favor of the proposed convention, the voters of every senate 
district are to elect three delegates and the voters of the State fifteen dele- 
gates-at-large to such a convention. Any proposed constitution or constitu- 
tional amendment adopted by such convention must be submitted to the 
voters of the State and adopted or rejected by majority vote, 
Hozie's N. Y. — 2a - 



PUBLIC OFFICERS, MODE OF APPOINTMENT, TERM OF 
OFFICE AND SALARIES. 



Officers. 

President. 
Vice President. 
Secretary of State. 
Sec'y of the Treasury. 
Sec'y of War. 
Attorney-General . 
Postmaster-General 
Sec'y of the Navy. 
Sec'y of the Interior. 
Sec'y of Agriculture. 
Sec'y of Commerce. 
Sec'y of Labor. 
Civil Service Corn's. 
Interstate Com'ce Corn's. 
Librarian of Congress. 
Supreme Court Judges. 
Circuit Court Judges. 
District Court Judges. 
Judges Court of Claims. 
Ambassadors. 
Ministers. 
Consuls. 

United States Senators. 
Representatives in Cong. 



United States Officers, 
Mode of Appointment. Term of Office. Salary. 



Elected by people. 


4 years. 


$ 75,ooo. 


Elected by people. 


4 years. 


I2,000. 


App. by Pres. and Sen. 


Will of Pres. 


1 2, COO. 


App. by Pres. and Sen. 


Will of Pres. 


I2,000. 


App. by Pres. and Sen. 


Will of Pres. 


12,000. 


App. by Pres. and Sen. 


Will of Pres. 


12, GOO. 


App. by Pres. and Sen. 


Will of Pres. 


I2,000. 


App. by Pres. and Sen. 


Will of Pres. 


I2,000. 


App. by Pres. and Sen. 


Will of Pres. 


I2,000. 


App. by Pres. and Sen. 


Will of Pres. 


12,000. 


App. by Pres. and Sen. 


Will of Pres. 


I2,000. 


App. by Pres. and Sen. 


Will of Pres. 


I2,000. 


App. by Pres. and Sen. 


Will of Pres. 


4,000- to 4>Soo» 


App. by Pres. and Sen. 


7 years. 


io,ooo. 


App. by Pres. and Sen. 


Will of Pres. 


6,ooo. 


App. by Pres. and Sen. 


Dur. good behavior. 


14,500.1 


App. by Pres. and Sen. 


Dur. good behavior. 


7,000. 


App. by Pres. and Sen. 


Dur. good behavior. 


6,000. 


App. by Pres. and Sen. 


Dur. good behavior. 


6,000.2 


App. by Pres. and Sen. 


Will of Pres. 


17,500. 


App. by Pres. and Sen. 


Will of Pres. 


5,000 to 12,000. 


App. by Pres. and Sen. 


Will of Pres. 


2,000 to 12,000. 


Elected by people. 


6 years. 


7,500. 


Elected by people. 


2 years. 


7,500. 



New York State Officers, 



Governor. 


Elected by people. 


2 years. 


$ 10,000. 


Lieutenant Governor. 


Elected by people. 


2 years. 


5,000. 


Secretary of State. 


Elected by people. 


2 years. 


6,000. 


Comptroller. 


Elected by people. 


2 years. 


8,000. 


Treasurer. 


Elected by people. 


2 years. 


6,000. 


Attorney-General. 


Elected by people. 


2 years. 


10,000. 


State Engineer and Surv. 


Elected by people. 


2 years. 


8,000. 


State Architect. 


App. by Gov. and Sen. 


3 years. 


10,000. 


Sup't Public Works. 


App. by Gov. and Sen. 


Coin, with Gov. 


8,000. 


Sup't of Banks. 


App. by Gov. and Sen. 


3 years. 


10,000. 


Sup't of Insurance. 


App. by Gov. and Sen. 


3 years. 


10,000. 



1 Chief Justice $ 15,000. 



2 Chief Judge $6,500. 



382 



PUBLIC OFFICERS. 



383 



Officers. 


Mode of Appointment. Term of Office. 


Salary. 


Adjutant General. 


App. by Governor. 


Same as Gov. 


$ 6,000. 


Sup't Public Buildings. 


J App. by Gov., Pres. of 
1 Sen. and Speaker. 


j- 2 years. 


5,000. 


State Tax Corn's. 


App. by Gov. and Sen. 


3 years. 


6,000 to 6,500. 


Commissioner of Excise. 


App. by Gov. and Sen. 


5 years. 


7,000. 


State Com. of Health. 


App. by Gov. and Sen. 


6 years. 


8,000. 


Public Service Corn's. 


App. by Gov. and Sen. 


5 years 


15,000 


Com. of Highways. 


App. by Gov. and Sen. 


5 years. 


10,000. 


Civil Service Com's. 


App. by Gov. and Sen. 


6 years. 


5,000. 


Industrial Com's. 


App. by Gov. and Sen. 


6 years. 


8,000. 


Co'cil of Farms and Mkts 


. By the Legislature. 


10 years. 


None. 


Com. of Agriculture. 


By Co'cil Farms and Mkts. Pleasure of Co'cil of Farms and Mkts. 


Com. of Foods and Mkts. 


By Co'cil Farms and Mkts. Pleasure of Co'cil of Farms and Mkts. 


Health Officer Port N.Y. 


App. by Gov. and Sen. 


4 years. 


12,500. 


Regents of University 


By the Legislature. 


12 years. 


None. 


Com. of Education. 


By the Regents. 


Will of Regents. 


10,000. 


Sup't State Prisons. 


App. by Gov. and Sen. 


5 years. 


8,000. 


Com's. of Charities. 


App. by Gov. and Sen. 


8 years. 


500. 


Fisc. Sup't St. Charities. 


App. by Gov. and Sen. 


5 years. 


6,000, 


State Hospital Com's. 


App. by Gov. and Sen. 


6 years. 


5,000 to 7,500 


Conservation Com, 


App. by Gov. and Sen. 


6 years. 


8,000. 


Supt. of State Police. 


App. by Gov. and Sen. 


5 years. 


5,000. 


State Senators. 


Elected by People. 


2 years. 


1,500.1 


Assemblymen. 


Elected by People. 


1 year. 


i,5oo> 


Judges Court of Appeals. 


Elected by People. 


14 years. 


13,700.2 


Supreme Court Judges. 


Elected by People. 


14 years. 


10,000.3 


Judges Court of Claims. 


App. by Gov. and Sen. 


9 years. 


8,000. 




New York City 


Officers. 




Mayor. 


Elected by people. 


4 years. $ 


15,000. 


Comptroller. 


Elected by people. 


4 years. 


15,000. 


Chamberlain. 


Appointed by Mayor. 


Pleasure of Mayor. 


12,000. 


Corporation Counsel. 


Appointed by Mayor. 


Pleasure of Mayor. 


15,000. 


Police Commissioner. 


Appointed by Mayor. 


5 years. 


7.500. 


Borough Presidents. 


El. by people of bor. 


4 years. 


5,000 to 7,500. 


Com. of Water Supply, ] 
Gas and Elect'y. * 








Appointed by Mayor. 


Pleasure of Mayor. 


7,500. 


Com. Street Cleaning. 


Appointed by Mayor. 


Pleasure of Mayor. 


7oOO. 


Com. of Plant and Struct's. 


Appointed by Mayor. 


Pleasure of Mayor. 


7,500. 


Com's. of Parks. 


Appointed by Mayor. 


Pleasure of Mayor. 


5,000. 


Com. of Pub. Charities. 


Appointed by Mayor. 


Pleasure of Mayor. 


7,500. 


Com. of Correction. 


Appointed by Mayor. 


Pleasure of Mayor. 


7,500. 


Fire Commissioner. 


Appointed by Mayor. 


Pleasure of Mayor. 


7,500. 


Com of Docks. 


Appointed by Mayor. 


Pleasure of Mayor, 


7,500. 



1 And mileage. 2 Chief Justice $ 14,200. 

3 $ 17,-00 for justices elected in the first and second judicial departments. Justices elected 
in the third and fourth departments receive extra compensation for service in the appellate 
division or for service outside their own district. 



3^4 



APPENDIX. 



Officers. 

Pres. B'd Taxes and Ass. 
Members B'd Education. 
Com. of Health. 
Tenement House Com. 
Judges Court Gen. Ses. 
Judges City Court. 
Judges Municipal Court. 
Judges Court Sp. Ses, 
City Magistrates. 
AldermeUc 

City Clerk. 



Mode of Appointment. Term of Office. Salary. 

Appointed by Mayor. 
Appointed by Mayor. 
Appointed by Mayor. 
Appointed by Mayor. 
Elected by people. 
Elected by people. 
Elected by people. 
Appointed by Mayor. 
Appointed by Mayor. 
Elected by people. 
J Appointed by Board 
( Aldermen. 



Pleasure of Mayor. 


8,000. 


5 years. 


None. 


Pleasure of Mayor. 


7»5oo. 


Will of Mayor. 


7,500. 


14 years. 


^7,500- 


ID years. 


12,000. 


10 years. 


8,000.1 


10 years. 


9,000.2 


10 years. 


7,000.3 


2 years. 


2,000. 



[ 6 years. 



7,000. 



Local Officers (^County). 



Sheriff. 

County Judge. 
Surrogate. 
County Clerk. 
Treasurer. 
District Attorney, 
Coroners. 
Sup't ot Poor. 

Sup't of Highways, 



Elected by people. 

Elected by people. 

Elected by people. 

Elected by people. 

Elected by people. 

Elected by people. 

Elected by people. 

Elected by people, 
j Appointed by Board 
( Supervisors. 



3 years. Fees.* 

6 years. Fixed by Legislature. 

6 years.^ Varies in different counties, 

3 years. Fees.*^ 

3 years. Fixed by board of supervisors 

3 years.''' Varies in different counties. 

3 years. Fees. 

3 years. By the day, or Salary. 

[4 years. Fixed by board of supervisors. 



Local Officers {Town).. 



Supervisor. 


Elected by people. 


2 years. 


By the day.s 


Town Clerk. 


Elected by people. 


2 years. 


Fees. 


Justice of the Peace. 


Elected by people. 


4 years. 


Fees.9 


Assessor. 


Elected by people. 


2 years. 


By the day. 


Sup't of Highways, 


Elected by people. 


2 years. 


By the day. 


Overseer of Poor, 


Elected by people. 


2 years. 


By the day. 


Collector. 


Elected by people. 


2 years. 


Percentage. 


Constables, 


Elected by people. 


2 years. 


Fees. 


Inspectors of Elect'n. 


Elected by people. 


2 years. 


By the day. 



1 $ 7,000 in Queens and Richmond. 

2 $ 6,000 in Brooklyn, Queens and Richmond. 

3 $ 6,000 in Brooklyn and $ 5,000 in Queens and Richmond. 

* And percentage of money collected on executions. In some counties the sheriff receives 
a salary instead of fees. In New York county the term is 4 years. 

5 Fourteen in New York county. 

6 Salary in some counties fixed by legislature, 
"^ Four years in New York, Kings, and Bronx. 

8 Annual salaries in a few counties. 

9 May be paid annual salary of not more than $1,500 in lieu of fees in criminal cases, in 
towns of 20,000 or more. 



NEW YORK SYLLABUS IN CIVICS. 

{Numbers in parentheses refer to pages in this hook.) 

PRELIMINARY STEPS (7-1 1). 

Note. The student will, as between the school district, town, village, city, 
and county, naturally turn first to the one of most immediate interest to him, 
and give it most attention. The syllabus, however, to be adapted to the needs of 
students all over the State, has to cover all units. 

1. Make a list of some twenty or more services rendered to the pupils or 
their families by some governmental unit and classify these as rendered by 
(a) the school district, ih) the town, village or city, (c) the State, {d) the 
Nation, and discuss the relative importance of these various services to the 
well-being of the citizen (7-8). 

2. Determine why these services are not left to the individual to per- 
form; the advantages of cooperation; the necessity of some surrender of 
individual control in any organized community (9). 

3. A brief resume of the rise of cooperative control by the body of citi- 
zens in our own country as seen in building stockades, roads, schools, sup- 
porting a church, etc. (11). 

THE SCHOOL DISTRICT (202-206). 

A study of the school district to bring out the following points : i . How 
composed (202-203). 2. Its boundaries, how determined (203). 3. Its 
officers and the duties of each (205-206). 4. Its independence of town 
and village governments (203-205). 5. School meetings — annual and 
special; the business transacted at school meetings (204-205). 6. Union 
free school districts, how they differ from common school districts (206). 

THE TOWN (10-17, 23-32). 

I . The study of the activities of the town : a In roadmaking and bridge 
building ; Importance of roads to the farmer ; Good and bad kinds of road ; 
Share of the county and of the State in roadmaking and maintenance 
(25-26). h The care of the poor (26). c The keeping of order (26). 
d The town meeting ; its working in theory and practice ; Election of town 
ofScers; Voting of funds (15-17, 23, 29-31). 

385 



386 NEW YORK SYLLABUS LN CLVLCS. 

2. The town officials : the double service of the supervisor ; other officials 
and the duties of each (23-28). 

Note. It will add interest and reality to the study if the officials themselves 
will meet the class and explain the nature of their services to the town. At any 
rate, legal blanks should be secured from the different officials and their use made 
clear. 

THE VILLAGE (33-41). 

Note. Naturally small villages do not have so many functions as large villages. 

1. A study of the particular natural advantages or conditions which 
have caused the relatively close settling of a number of families in a small 
area {2,3). The new conditions made necessary by such centers of popu- 
lation: a Macadamized or paved roads (34, 2>^). h Sidewalks and curbs 
(34? 38). c Sewers (34, 38). d Street lights: Whether under public 
or private control ; Relative advantages ; Method in other villages ; Cost 
(34, 39-40) . e Water supply : Public or private ; Relative advantages ; 
Methods in other villages; Cost (34, 39-40). / Removal of refuse (34, 
39). g Street cleaning (34, 38). h Fire protection: Volunteers or paid 
department (34, 40). i Care of the public health (34, 37-38). j Adminis- 
tration of justice {z^). k Graded and higher schools; state supervision 
(34, 202, 206). 

2. Classes of villages; the village charter, class to which the student's 
village belongs (35). The village officials: the terms of office and duties 
of each (36-38). 

3. Election of the village officers; Time, and reason for it (36). 

4. Voters at elections and on the budget; Difference (36, 38). 

THE CITY (42-61, 62-79). 

1. A study of the natural advantages and other conditions which have 
caused the citizen's place of residence to become a city (61 ; cf. ss)- 

2. The street as an element of city life (53). How the activities and 
conditions named in 3 to 7 are cared for in the student's home city; what 
official is responsible for each activity ; how he gets his position ; how he 
may be made to perform his function properly; and, throughout, a com- 
parison with the practices of other cities within and without the State 
(61, 48-54, 71, etc.). 

3. The laying out (including condemnation proceedings) of streets; 
their paving and maintenance; kinds and relative cost and durability 
of surfaces; right to tear up pavement; duty to replace; sidewalks and 
curbs; cleaning of sidewalks; rules of the road and traffic regulations 

(53-54, 52). 

4. Bridges; to be studied in the main as roads (53). 



NElV YORK SYLLABUS IN CIVICS. 387 

5. Other utilities found on, in or under the streets : a Sewers and sewage 
disposal; Relative merits of various methods (54, 53). h Street lights; 
how supplied (55). c Gas mains and connections (54). d Electric wires; 
pole or conduit system (54, 55). e Water mains and connections (54). 
/ Transportation lines; surface, elevated or subway (55). g Steam rail- 
ways in streets; grade crossings (55). 

6. Street cleaning; snow removal (56). 

7. In the case of each of the foregoing utilities, a discussion (if opposite) 
of public versus private ownership. In case of the latter, a discussion of 
the obtaining of the franchise. The welfare of the community as dependent 
upon the proper management of these utilities (55). 

8. The rights and duties of citizens on the streets (52). 

9. Building laws and permits. Peculiar problems of city life arising 
from the existence of tenement houses and high buildings; how met and 
regulated (56-57). 

10. Fire department; effect of its efficiency on insurance rates (42, 56). 

11. Police work; preventive, protective (42). 

12. The school system; methods of selecting teachers; compulsory 
school law and its enforcement ; different from other departments ; why ? 
(207-209). 

13. Parks and recreation centers; baths; washhouses (57). 

14. Museums, lectures, free concerts (57). 

15. Care of the poor ; city institutions (57). 

16. Care of the sick and injured ; health department ; clinics ; hospitals ; 
housing; the tenement house department (56-57). 

17. City courts; civil and criminal; juvenile; relation to county and 
state courts (49). 

18. City penal institutions (49) . 

19. City finances : a The cost of the services mentioned in 10-18 (57- 
58). h Sources of revenue : licenses, fines, fees, rentals of public property, 
taxes, special assessments -(58). c Assessments for taxation purposes. 
The real estate and personal tax, with reasons for growing neglect of latter 
(58-59). d The tax rate; City rate as compared with state and federal 
taxes (59) . e Making the budget ; Revenues and expenses for the last finan- 
cial year (59). /City debt; limitations (50). 

20. Systematic outline of the framework of the city government with a 
tabulation of the chief officials and their duties, where feasible using the 
city charter as a guide (61, 47-49, 51, 65-78). Officials removable by state 
authority (70, 73). Classification of officials as legislative, executive or 
judicial (47-49). 

21. Choosing of above officials. City elections; when held, and why 
at that time. National party lines usually not drawn in city affairs. Duty 
of the citizen to take part in organized city politics (47, 53). 



388 NEW YORK SYLLABUS LN CLVLCS. 

2 2. Classes of cities (47). Classification of the student's city. The 
charter ; how obtained ; its functions ; changes in the charter, how made 

(43). 

23. Comparison of general systems of city government. The council 
plan. The commission plan (Buffalo, Des Moines, Galveston). The city 
manager plan (Dayton, Ohio). Need of fixing responsibility. Efficiency. 
Home rule. Scientific budget (43, 52, 59). 

24. City planning; beautifying; residential and business areas; 
terminals and transportation; markets (46, 57). 

25. Comparison of our systems with those in Great Britain, France 
and Germany (46). 

THE COUNTY (80, 85-93, 181-188, 193). 

The county has hitherto been largely ignored in the study of civics. 
The collection of its taxes at the same time and on the same bill as the 
local tax leads to this. It has important distinctive services. Many cases 
at law go to county courts. Registration of deeds and mortgages and 
probate and administration of wills are county functions. The main high- 
ways and bridges are also chiefly under county control outside the great 
cities. The county is responsible for the preservation of order. 

1. City counties. New York City includes several counties (64). In 
such a case city and county government in part coincide, and certain county 
officials are replaced by city officials (75-76). 

2. County officials : duties of each; how chosen; how removed (86-91). 

3. County finances: a The expenses of the county (92). h The county 
tax; how levied; how collected (215-218). 

4. The judicial system : a The grand jury : composition ; selection ; 
duties (indictment, presentment); mode of procedure (181-183). h The 
trial or petty jury : lists of jurors, and how made ; liability to jury duty, 
and exemption therefrom; duty of the citizen to serve as a juror; selec- 
tion of the panel ; number ; requirement of unanimous verdict ; pay of 
jurors (185-186, 188). c Duty of district attorney (89, 184, 185). d 
Duties and jurisdiction of county judge (90, 193). e Duties of sheriff; 
in execution of civil judgments and criminal sentences; preservation of 
order; the posse comitatiis (88-89). / The crime of perjury (188). 

THE GOVERNMENT OF THE STATE (118-237). 

I. The Constitution of the State of New York. — A, By whom 
established; why established; how established; by whom drafted (113, 
118-119). 

B. Importance of the constitution as the fundamental law seen: i. 
In guaranteeing personal rights; history of, in England and America (119? 



NEW YORK SYLLABUS IN CIVICS, 389 

123-132, 365-366). 2. In determining suffrage and the manner and the 
time of voting (119, 366-367). 3. In creating legislative bodies, defining 
their duties and limiting their action, "checks and balances" (119, 347, 
367-372). 4. In creating executive and administrative offices and defining 
the duties thereof (119, 372-374). 5. In creating state and local courts 
(119, 374-376). 6. In safeguarding state and local credit and caring for 
public property and public institutions ; bond issues (119, 50, 222, 376-378). 
7. In providing free schools and academies (119, 378). 8. In providing 
for its own amendment; methods; constitutional convention (120, 381). 

II. Activities of the State. — The State the greater regulator of 
our everyday life, as shown 

A. In its creation and control of : i. The school district, the town, city 
and county, with their close relation to our daily life as already shown (95, 
29, 34-35, 43, 85). 2. The personnel of the voting body, by fixing their 
qualifications, even those of voters for federal officers (135-136, 139). 3. 
The number, kind and qualifications of the elective and appointive officers 
of the lesser units, including the power of removing many city and county 
officials by state authority (95, 70, 73, 88, 161). 

B. In its enactment and enforcement of the great majority of the laws 
which govern the citizen in his daily life, such as: i. Creation and safe- 
guarding of all civil and property rights ; by means of local and state police, 
militia or national guard ; regulation of transfers and inheritances (96- 
97, 42, 175, 171, 323). 2. Creation and control (save for interstate com- 
merce) of all corporations (97, 220). 3. Special control of all banks and 
trust companies save national banks, and of all insurance companies and 
building and loan associations (221, 173). 4. Control of all common 
carriers so far as traffic within the State is concerned (97, 174). 5. License 
and control of the liquor business (97). 6. Sanitary regulation (97). 7. 
Exercise the right of eminent domain (96, 129-130). 8. Supervision of 
education, vocational, physical, military (97- 208, 210). 9. Authorization 
of the levying of all taxes for state and local purposes (97). 10. Provision 
for certain portions of the defective, dependent and delinquent classes (97). 

III. Organization of Government. — These various activities of the 
State, as of the local unit, require for their exercise the three organs of gov- 
ernment : the lawmaking, the law interpreting, and the law enforcing ; 
or the legislative, judicial, and executive departments (141-142). 

A. The State Legislative Department. — i. The state Legislature : 
a The source of the lawmaking power, representing "people of the State 
of New York" (145). 

h The Legislature divided into two houses ; advantages ; disadvantages 
(145-146). 



390 NEW YORK SYLLABUS LN CIVLCS. 

c Composition of Senate ; how elected; compensation (143-145). 

d Composition of Assembly ; apportionment ; the state census ; election ; 
compensation (143-145, 149-152). 

e The Assembly at work : (i) Organization: (a) The speaker: his 
election ; the party caucus ; powers of the speaker, in the appointment of 
committees; in his ''recognition" of members, in his chairmanship of the 
committee on rules; {h) The Clerk; (c) Minor officers (144, 153, 154). 
(2) Making a law ; rules of the Assembly which govern ; distinction between 
a legislative bill and a law (153-157) : {a) Safeguards against hasty and 
ill-considered legislation : Introduction of a bill — its sponsor (153) ; Print- 
ing and publicity (154, 155, 157); The three readings on three different 
days (153, 156) ; Reference to a committee that discusses, may amend 
and may give public hearings (153, 154-155) ; Revision, if necessary, by 
special revision committee (156, note); Report of bill by its committee 
to house; possible debate, amendment and recommittal to original com- 
mittee or some other committee (155-156). 

Note. All legislative bills must pass both houses, each of which takes similar 
precautions before it goes to the Governor, who may seek expert advice and give 
public hearings before making a bill a law by his signature. 

(6) Legislative committees : majority and minority composition ; the 
principal committees; the great advantage of committees; evils of (154- 
155)- (^) Majority and minority leaders in the Assembly; advantages of 
this leadership (153). {d) The speaker and clerk, their services (153, 154). 

/ The Senate at work : (i) Organization : {a) The Lieutenant Governor 
as presiding officer; his voting power; influence compared with that of 
the speaker of Assembly; {h) The president pro tempore; (c) The Clerk; 
((d) Minor officers; (e) Majority and minority leaders (144, 153, 154). 
(2) The course of a bill ; rules of the Senate which govern ; similar pro- 
cedure to that of the Assembly (153-157). Bills may originate in either 
house [see Constitutional limitation of right to originate money bills to 
lower house in Congress (281)], and from it pass to the other house (157). 
Conference committees where the two houses fail at first to agree on a 
measure (157). [For course of a bill after it leaves the Legislature, see 
powers of Governor.] 

g Legislative commissions : joint, or of either house, for investigating 
any matter whatsoever within compass of state legislation (155). 

h Powers peculiar to each house : (i) Assembly may present impeach- 
ments of high state officials (161). (2) The Senate, with the justices of 
the Court of Appeals, the court for trial of impeachments (161). The right 
of confirmation or rejection of appointments by the Governor (161-162). 

i Powers common to the two houses : In joint session to elect the Regents 
of the University of the State of New York (i 70-1 71). 



NEW YORK SYLLABUS IN CIVICS, 391 

j General powers of the Legislature : Limited only by federal and state 
constitutions; otherwise, may pass any law it pleases. Scope of state 
legislation therefore much more varied than that of federal legislation (266- 
267). 

B. The State Executive. — i. The Governor. Overshadowing impor- 
tance of Governor ; due to : 

a His share in legislation, as shown by : (i) Regular and special messages 
to the Legislature (167). (2) Power to call special sessions of Legislature 
which have the right to deal only with measures indicated in special call 
(166-167). (3) Power over a bill which has passed the Senate and As- 
sembly : three ways in which a Governor may treat a bill ; the power to 
veto single items of an appropriation bill (157-158). (4) His influence 
with individual members of the Legislature (158) . (5) Placing responsibility 
on him for his part in signing a bill (158). 

h His executive powers as shown by : (i) Appointment of a large num- 
ber of administrative ofi&cials and boards charged with the duty of carry- 
ing out the laws of the State (see the Legislative Manual), the more impor- 
tant of which are : {a) Commissioner of Excise, (6) Civil Service Commis- 
sion, (c) State Industrial Commission, {d) Public Service Commissions : 
one for metropolitan district, one for remainder of State, (e) Superintendent 
of Banks, (f) Superintendent of Insurance, (£) Commissioner of Agriculture 
(170, 173-175). (2) Power of removal of certain state officers with consent 
of the Senate ; and of certain county and city officers independently ; super- 
vision and responsibility (70, 73, 88, 168, 170). (3) Control of the militia; 
relation of to federal army; military census (171). (4) Power to assign 
justices to special duties (196). (5) Power to fill vacancies in certain judi- 
cial, county and state offices, to issue writs for the election of a United States 
Senator or Representative when a vacancy occurs, and to appoint (provided 
the Legislature so empowers him) a United States senator to a vacant seat 
pending election (170, 280, 364). 

c His judicial powers as shown by : Right of reprieve, commutation and 
pardon; (Boards of pardon in some other states) (167). 

2. Elective executive officials: i. Governor, 2. Lieutenant Governor, 
3. Secretary of State, 4. Comptroller, 5. Treasurer, 6. Attorney General, 
7. State Engineer and Surveyor. Election, term (166, 167, 168) ; general 
duties (167-170); removal by impeachment (161). Executive power of 
the State divided, or in commission, because these elective officials may be 
of different parties. Lesser officials independent of Governor ; in no sense 
a cabinet; advantage or disadvantage of this arrangement (175-176). 

3. The State Education Department: a The Education Department 
embraces in its jurisdiction the entire field of educational supervision and 
administration. It is governed by a Board of Regents and a Commissioner 
of Education, who is also President of the University of the State of New 



392 NEW YORK SYLLABUS LN CLVICS. 

York. The Commissioner of Education appoints three assistant commis- 
sioners, one of whom acts as his deputy and each of whom has charge re- 
spectively of higher, secondary and elementary education. Statutory 
provisions in regard to education and state appropriations for educational 
purposes are, of course, made by the Legislature but numerous legislative 
powers over matters of detail are delegated to the Board of Regents, and 
full executive and administrative powers are intrusted to the Commissioner 
of Education both by the Legislature and by the Board of Regents. The 
Commissioner of Education also acts as chief judicial officer in all questions 
of law pertaining exclusively to the public school system. 

5 The Board of Regents : (i) How constituted : number; choice; term 
of office; when established ; original purpose (210). (2) Duties: (a) Con- 
firmation of appointments, (&) granting of charters, (c) inspection and 
examination, {d) care of the State Library and the State Museum, (e) 
care of public libraries and educational extension, (/) care of the historical 
records and archives of the State, (g) supervision of academic and profes- 
sional degrees (210, 211). 

c The Commissioner of Education and President of the University of 
the State of New York : (i) How chosen (211). (2) Duties : {a) Appoint- 
ment of subordinates, {b) general supervision of schools, school officials 
and educational institutions, ic) distribution of state appropriations for 
education, {i) judicial powers, original and appellate : interpreting school 
laws; deciding appeals (211, 202, 207, 209). 

C. The State Judiciary. — Has jurisdiction in cases beyond the power 
of inferior and county courts, and on appeal from such. i. The Supreme 
Court ; judicial districts ; election of justices ; their number and term (194). 
2. Appellate divisions of the Supreme Court; number; how justices are 
assigned to each (196). 3. The Court of Appeals; judges; their election, 
number and term; jurisdiction (197). 4. The Court of Claims; consti- 
tutional reason for it (199). 

IV. Instruments of Government. — A. Finances: i. State budget: 
methods of preparation ; expenses for : a State administrative departments ; 
h The Legislature ; c The judiciary ; d Prisons ; reformatories ; e Charity ; 
/ Education ; g The militia and state police ; h Public works and state 
highways (160). 2. Revenues, from taxes on: a Organization of corpora- 
tions; h Current business of corporations; mortgages; automobiles; 
c Inheritances; d Transfer of stocks; e Liquor traffic; / Property; 
how apportioned and collected (219-220, 214-219). 3. The state debt; 
amount; what contracted for (see Legislative Manual). (222.) Revenues 
sufficient for ordinary expenses (219). 

B. State Control of Elections. — All elections, even of federal offi- 
cials, under state law ; (Secretary of State distributes copies of the law) 



NEW YORK SYLLABUS LN CLVLCS. 393 

(233, note). I. The franchise; meaning of suffrage; who may vote; 
recent amendment covering woman's suffrage; disqualifications (135-139). 
2. Election districts (229-230) : a The state one district for federal offi- 
cials/ federal Senators, and for major state officials; h Congressional; 
c Judicial; d Senatorial; e Assembly; / County; g Town; h Village; 
i School district, Supervisory district ; j City ; k Borough ; / Aldermanic. 
Student's or citizen's district for each of above elections (237, 279, 195, 
148, 152). 3. Time of election in each of above districts; Reasons for 
separating local elections as far as possible from state and federal elections 
(230, 235, 15, 36, 47, 204). 4. Nominations: necessity for parties in a 
democracy; party organization in election districts; the leader; the pri- 
mary ; party enrollment at registration ; the direct primary, advantages and 
disadvantages ; nomination by petition ; the ascending scale of committees 
and conventions ; party platforms (227-229, 236). 5. Registrations; why 
more important in cities than in rural districts (230). 6. Voting: the 
polling places; preparation of the ballots; form of ballot; reasons for 
secret ballot; independent voting; marking the ballot; straight ticket; 
split ticket ; election ofiacers at the polls ; challenging a vote ; demand for 
a shorter ballot ; comparison of the form used in New York with forms used 
in other states; voting machines (229-232, 235). 7. Counting the vote; 
disposition of ballots; canvassing the votes; certificates of election (233). 

8. Majority and plurality; practice of this State; of other states (233). 

9. Election expenses; how far legitimate; sworn statements by candi- 
dates; campaign funds; publicity; how raised; for what used (234-235). 

10. Bribery; viciousness of; laws against (234). 

V. Present-day Problems. — A. Initiative, referendum and recall; 
B. Proportional representation; C. Cumulative voting; D. Lobbying; 
E. Invisible government (146, 152, 155). 

VI. Comparison of State Governments. — Newer state constitutions 
tend to become much more extensive than those of older states (Oklahoma 
an extreme case). Reason for this; evils of it; distrust of state legisla- 
tures. Wide diversity of laws in the forty-eight states ; evils of this ; the 
newly formed and extra-constitutional "House of Governors," an attempt 
to lessen this evil (159). 

VII. Comparison of State Government with that of the English 
Counties, French Departments, Swiss Cantons and German States 
(345-346). 

THE FEDERAL GOVERNMENT (238-322, SSISS^) 
The constitution of the United States at the time of its adoption embodied 
the political wisdom of the ages. More profoundly, perhaps, than any 

1 Presidential electors. 



394 NEW YORK SYLLABUS IN CIVICS. 

other political document, it has influenced the world at large. It is the 
governmental framework of a mighty and growing world power. It has 
stood the test of time and "the shock of civil war." During the nineteenth 
century the world changed its modes of life and business more, it may be, 
than in all the historic centuries preceding ; but so adaptive is the constitu- 
tion of 1789, that only a few of its minor provisions, to be amended in the 
right time and in the right way, may be questioned. Such a constitution 
is worth living under, worth dying for, and eminently worth studying. It 
should be studied as history in its proper sequence and in its fundamental 
relations, for only thus can the growth of the United States into a great 
political power be understood. The constitution should be studied a second 
time as civics, as the guide and supreme law of present national life. The 
student should realize that the government established under the constitu- 
tion not only guarantees our rights internally but also is bound to protect 
us while traveling abroad, on the high seas and in foreign countries, against 
the encroachment of any foreign state. 

I. The Constitution of the United States. — A. Its authority and 
purposes as disclosed in the preamble (353). B. Its general scope and 
limitations [see specially art. I, § 8, last paragraph and amendments IX 
and X] (356, paragraph 18, 361, 362). C. Creations of the constitution : 

1. The legislative department: the two houses (353); the duties pre- 
scribed for each house (354, 355) ; the special privileges and disabilities 
of the members of each house (355). a The House of Representatives: 
(i) Its members: qualifications; terms of office; distribution; mode of 
election (353) ; (2) Special powers of the House (354, 35S). h The Senate : 
(i) Its members: qualifications; terms of office; distribution; mode 
of election; seventeenth amendment (354, 363-364); (2) Special powers 
of the Senate (354, 358). c The method of lawmaking (355). d Powers 
granted to Congress : peace powers (355-356, 359? 360, 362, 363) ; war 
powers (356); implied powers (356). e Prohibitions on Congress guard- 
ing (i) Personal rights (357, 361), (2) state rights (356, 357, 362), (3) public 
credit (357, 360, 363), (4) the democratic ideal (357, 361), (5) religious 
freedom (361) (see the first ten amendments) ; (6) history of these rights 
in England and America (115-117, 124), (7) compare with the constitu- 
tions of France and the German Empire (343). 

2. .The executive department: a The President: qualifications (358); 
term of office (357); mode of election: (i) original (357, 291, note), (2) 
as fixed by amendment XII (362). h Powers and duties of the President: 
executive (358-359); legislative (355, 358); judicial (358). c The Vice 
President : qualifications (same as those of President, 358) ; term of office 
(357); mode of election: (i) original (357, 291, note), (2) as fixed by 
amendment XII (362). d Duties of the Vice President (354, 358). 



NEW YORK SYLLABUS LN CIVICS. 395 

3. The judicial department : a The Court of Impeachment (354). h The 
Supreme Court : (i) The judges, how appointed (358) ; number and salary, 
how determined (359, 356, paragraph 18); (2) Jurisdiction: original; 
appellate (359). c Inferior courts, how provided (356, 359). 

D. Prohibitions on state legislatures (357, 362-363). E. Guarantees 
to the states (360). F. Guarantees of personal rights (361, 362). G. 
The formation and admission of states (360). R. Provisions for amend- 
ments : how proposed, two methods ; how ratified, two methods ; history 
of the amendments; why it should not be rapidly, thoughtlessly and fre- 
quently amended (360, 268, 270, 342). /. Miscellaneous provisions : defini- 
tion of treason; the debts of the Confederation; the oath of office (359, 
360). /. The supremacy of the constitution (360). K. Comparison 
with the British, French and German constitutions (342-343). 

II. The Federal Government in its Relations with the People. 
Delegation to the federal government by "the people of the United States" 
of such powers as they judged to be essential for the establishment of a 
nation. Control of the people by the federal government direct, not through 
the states, save in the case of elections (252-255). Contact of the citizen 
with federal activities : 

A. Most obvious of these in everyday life : i. The currency (8, 262-263, 
221). 2. The postal service (8, 262, 290). 

B. Less obvious: i. Taxation: {a) Duties on imported goods; with 
incidental effect on price of domestic goods (214). (6) Internal revenue; 
on liquors, tobacco, etc. (214). (c) Income tax — sixteenth amendment 
(259). 2. Control of interstate commerce; railway rates; pure food laws; 
food consumption (261, 339). 

C. Still less personal, but with the possibility of affecting the individual 
at any time, the control of the federal government over: i. All foreign 
relations (257). 2. War and peace; the necessary army and navy; the 
draft ; food and fuel regulation ; railway control : espionage ; martial 
law ; treasonable speech ; suspension of the writ of habeas corpus ; treaties, 
commercial and other (258, 286, 287, 339, 340). 3. Patents and copy- 
rights (263). 4. Standards of weights and measures (conformity with 
these, however, a matter of state regulation) (263). 5. Naturalization; 
problemsof; the obligations of aliens (135-137, 348). 6. Bankruptcy (261). 
7. Property rights through interpretation of the constitution by the courts 
as applied to acts of Congress and of state legislatures (296). 

III. The Organization of the Federal Government. As in the 
state and its subdivisions the three great departments are required : legis- 
lative, executive, judicial. Clearer separation of these in the United States 
than in most other nations; '^checks and balances"; comparison with 
Great Britain (275, 347). 



396 NEW YORK SYLLABUS IN CIVICS. 

A. The Legislative Department, i. The organic law: The con- 
stitution, how adopted (248-249) ; Amendments to the constitution [for 
^'unwritten constitution," see VII] (268-271, 291, 342). 2. The Congress: 
two houses (275). 

a The House of Representatives : number of members ; qualifications ; 
caliber of men chosen ; election ; term ; vacancies, how filled ; compensa- 
tion; apportionment to states; the federal census; representatives at 
large. House represents national idea (278-280, 348). 

h The Senate : number of members ; qualifications ; election ; seven- 
teenth amendment; term; compensation; caliber of men chosen; sec- 
tional influences; vacancies, how filled. Senate represents federal idea 
(276-277, 280, 348). 

c The House of Representatives at work : (i) In the main the outline 
of the methods of the Assembly of the State of New York will be a sufiicient 
guide, but requiring special attention are : (2) The power of the Speaker; 
history of; now not so important as "majority" leader; the position of 
"minority" leader (280, 282). (3) The rules of the House; "filibuster- 
ing." "Leave to print"; limited debate (283). (4) The names and 
functions of the more important committees (281-282). 

d The Senate at work: (i) The relative dignity of the Senate (283). 
(2) "The courtesy of the Senate" (285). (3) The more important com- 
mittees and their functions; conference committee (281-282, 283). (4) 
The leaders of the majority and the minority (282, 283). 

e Special powers of the House : (i) Origination of all money bills : largely 
overridden by free power of amendment in the Senate (281). (2) Presenta- 
tion of impeachments (292). 

/ Special powers of the Senate : (i) Ratification or rejection of presi- 
dential appointments; Executive session (284). (2) Trial of impeach- 
ments; procedure in impeachment of President (292). (3) Ratification 
of treaties (284, 287). 

g General scope of powers of Congress : Closely limited by the constitu- 
tion (255), but Effect of "the elastic clause"; what it is; how its inter- 
pretation affects federal legislation (266). Enumeration of powers [see 
art. I, § 8 of the constitution] (255-266, 371-372); "franking" privilege 
(262). 

3. Comparisons with European legislatures : a Comparison of the 
Senate with the British House of Lords, the French Senate and the German 
Bundesrat; h Comparison of the House with the British House of Com- 
mons, the French Chamber of Deputies and the German Reichstag (344- 

345). 

B. The Executive Department, i. The President and the Vice 
President; their nomination (228, 300); qualifications (286); election 
(291) ; procedure in case of failure to elect (291-292) ; the electoral college; 



NEW YORK SYLLABUS LN CIVLCS. ^gj 

its functions; departure of college from original idea [see unwritten con- 
stitution] (291, 300); term of president; discussion of its length; reelec- 
tion [unwritten constitution] (286, 300) ; compensation (286) ; law fixing 
the right of succession to presidency (292). Functions of the President : 

a Legislative, as shown by: (i) Messages, annual and special; written 
and oral (287, 338). (2) Summoning of extra sessions (287). (3) Power 
of veto : Compare with that of Governor ; cannot veto single items ; 
"riders" (283-284). (4) Party leadership; control of legislation through 
appointing power and through popular support (301). 

b Judicial, as shown by: (i) Reprieve, commutation, pardon (286). 

c Executive, as shown by : (i) Duty to enforce all federal laws (286) ; 
(2) Command of army, navy and militia in federal service in time of war 
(286) ; (3) Power to negotiate treaties (287) ; (4) Appointment and recep- 
tion of ambassadors and ministers (287) ; (5) Appointment of federal 
administrative officials ; civil service law restrictions ; ofi&cers of army and 
navy; postmasters; and especially of heads of executive departments, 
collectively known as the cabinet (286, 288) ; (6) Appointment of United 
States justices (293-294) ; (7) Appointment of commissions, standing and 
occasional ; interstate commerce ; growing importance ; tariff commission ; 
labor and industry (291, 260-261); (8) Appointment of emergency com- 
missions or boards : shipping; railway; food; fuel; defense (337-340). 

2. The Cabinet: a Development of the Cabinet as a body of presidential 
advisers. Term '^cabinet" unknown to constitution; may advise, cannot 
control president. Importance of their selection; their removal from 
office. Not members of Congress; contrast with British, French and 
German systems (301, 345-347). b Personnel and functions of the cabinet; 
the departments of the Cabinet and the services rendered by each (288- 

290). 

3. Comparisons with European executives : a Comparison with the British 
prime minister and cabinet, the French prime minister and cabinet, and the 
German chancellor (346-347). 

C The Federal Judiciary : i . The Supreme Court ; authorized in 
constitution ; dignity of ; when it may adjudicate upon the constitutionality 
of an act of Congress; its composition and appointment (293, 295-296). 
2. Circuit Courts; number; the justices; appointment; number (295, 
293). 3. District Courts ; number; the justices; appointment (294, 293). 
United States district attorneys and marshals (296). 4. Classes of cases 
under jurisdiction of federal courts ; use of injunction ; interstate commerce 
(293-297). 5. Comparison with the European systems. Explanation 
of the ''administrative courts" on the continent (344). 

IV. Federal Finances: Instruments of Government. — A. Rev- 
enues, from: I. Customs. 2. Internal revenues. 3. Sale of public prop- 



398 NEW YORK SYLLABUS IN CIVICS, 

erty. 4. Income tax — sixteenth amendment (298, 259). B. Expendi- 
tures, for : I. Various administrative departments of government. 2. Army. 
3. Navy. 4. Post office — nearly self-supporting. 5. Pensions. 6. Indians, 
Philippines. 7. Public works and highways. 8. Education, vocational. 
9. Redemption and interest of public debt (298). C. The public debt: 
I. Amount; how created; how met. 2. Comparison with foreign debts 
(298-299, 259-260). D. Comparisons with budget-making in Great 
Britain, France and Germany (348). 

V. Review of Federal and State Powers. — A. Powers vested in 
federal government only (256-263). B. Powers vested in states only 
(266). C. Concurrent powers (256). D. Powers whose exercise is for- 
bidden to the federal government (267-270). E. Powers whose exercise 
is forbidden to the states (270). F. Powers reserved to the people, and 
exercisable only by the process of constitutional amendment (126-130, 
254, 255, 267-270). G. Under what conditions the federal government 
may be called upon to protect a state against domestic violence (271). H, 
Guarantee to each state by the federal government of a republican form 
of government (271). /. Tendency toward centralization of control in 
the hands of the federal government and executive (337). 

VI. Supremacy of Federal Government. — A. State may not con- 
travene United States law or treaty (254-255). B. Fourteenth amend- 
ment to constitution; decides first as to what constitutes federal citizen- 
ship; state citizenship dependent on federal; naturalization a federal 
function (299, 135). C. Citizen's allegiance not divided, but double: 
primarily to the United States, secondarily to the State (299). 

VII. Growth or Development of Government seen in : A. Amend- 
ments (299). B. The unwritten constitution : Ours theoretically a strictly 
written constitution; contrast with unwritten constitution of the United 
Kingdom of Great Britain and Ireland; the constitutional laws of France; 
the constitutions of the German Empire and the Swiss Republic (343-344) • 
Precedents which have hardened into unwritten constitutional provisions 
in the United States : i. The functions of the electoral college; 2. Incum- 
bency of presidency limited by custom to two terms; 3. Possibility of 
''House of Governors" becoming a precedent (300). 

VIII. Comparison of the British and French Cabinet and Par- 
liamentary Systems with the Presidential and Congressional 
Systems of the United States.—^. Place of the titular executive in 
each system : President real executive in the United States ; sovereign 
nominal executive in Great Britain; cabinet really in control; question 
as to which system yields greater efficiency ; difference in prompt compli- 
ance with popular will; possibility of antagonism between the executive 



NEW YORK SYLLABUS LN CIVICS. 399 

and the legislative departments in each system (318, 319-3^0, 346-347). 

B. Comparison of the government of the United States with that of other 
nations: Great Britain, France, Germany (317-320, 343-348). The 
United States a federal republic. Switzerland and Mexico. Meaning of 
republic. Meaning of federal. Difference from confederation (319, 320, 
244). I. Centralized republic — France (320, 345, 346). 2. Monarchy 
in form only — the United Kingdom of Great Britain and Ireland really a 
democracy (275, 318, 344, 346). 3. Monarchy nearly absolute — the Ger- 
man Empire (317, 345, 347). 

IX. Duties of the Citizen : ^ . To realize that when, in a democracy, 
the government is bad and officials inefficient, the citizens are responsible, 
for they choose the officers. B, To know that in a democracy, which is 
government by the people, the majority must rule and the minority must 
follow, or the community will be in a constant state of armed revolution. 

C. To appreciate that the citizen is always represented in the government, 
even though his own particular views are not being carried out, and that 
to get his views to prevail he must first convince a majority of the citizens 
that his views are best. D. To understand that the expression of views, 
which, if carried into operation, would destroy the government and the 
state, and create a condition of revolution and anarchy, are treasonable 
and punishable with imprisonment or death. E. To give close attention 
to these duties, if rights are to be preserved: i. To follow the doings of 
public officials by constant reading of the press. 2. To take part in nomi- 
nations and elections regularly. 3. To abide by the decision of the majority, 
even if against one's own views. 4. To obey the law, even if one does not 
approve of it, for law is the will of the majority. 5. To work with civic 
agencies for improvement. 6. To recognize civic obHgations by following 
all regulations. F. To think as constantly of duties as of rights (53, 139, 
349). G. To pledge loyalty and obedience to the town, the State, the 
Nation : 

I believe in the United States of America as a government of the people, 
by the people, for the people ; whose just powers are derived from the con- 
sent of the governed ; established upon those principles of freedom, equality, 
justice and humanity for which American patriots sacrificed their lives and 
their fortunes. 

I believe it to be my duty to love my country ; to support its constitu- 
tion ; to obey its laws ; to respect its flag and to defend it against all enemies, 
for 

I AM AN AMERICAN CITIZEN! 



Index 



Accused persons, rights of, 128, 129, 

179, 180, 184, 361, 365. 
Aeldorman, 84. 
Agent, 327. 
Agriculture, commissioner of, 170, 

174. 
Agriculture, department of, 290. 
Aldermen, city, 47-48; (N.Y.), 67- 

70, 74. 
AKens, 136, 348. 
Ambassadors, 287, 307, 308. 
Amending constitution, 120, 271. 
Amendments to Constitution of 

United States, 268-271, 291, 342. 
Anti-Trust law, 261. 
Appeals, 187. 
Appeals, Circuit Court of. United 

States, 295. 
Appeals, State Court of, 197. 
Appellate division, 196. 
Apportionment of representatives, 

278. 
Apportionment of State senators and 

assemblymen, 149-152. 
Arbitration, 314-315. 
Arbitration and mediation, board of, 

175- 
Aristocracy, 318. 
Arraignment, 184. 
Arrest, 178. 
Articles of Confederation, 243-246, 

252-253. 
Assembly, colonial, 106-110, 239. 
State, 143-157. 



Assembly, composition of, 143-145. 

constitutional provisions, 367, 369, 
370. 

districts, 151-152. 

officers of, 144, 153. 

powers, 157, 161. 
Assessment, 215-217. 
Assessors, city, 49, 51, 216, 217. 
Assessors, town, 23, 27, 216, 217. 
Assessors, village, 37, 38. 
Attainder, bill of, 267. 
Attorney, city, 49. 
Attorney-general, State, 168, 169. 
Attorney-general, United States, 290, 

288, 301. 
Auditors, city, 49. 
Australian ballot, 232. 

Bail, 180, 128, 269. 
Ballots, official, 230-233. 

proposed reform, 235. 
Banknotes, 221. 
Bankruptcy, 261-262. 
Banks, 221-222. 

inspection of, 8, 173. 
Banks, superintendent of, 170, 173, 

221. 
Belligerency, 310, 316. 
Bill, defined, 153. See Lawmaking. 
Bill of rights, 1 24. 
Blockade, 313. 
Bonds, 259. 
Boroughs, English, 44. 
Boroughs of New York City, 65, 73. 



401 



402 



INDEX 



Bribery, 234, 380, 381. 
Building and loan associations, 221. 
Building laws, of cities, 56. 
By-laws, 12, 35. 

Cabinet, of Great Britain, 318, 319. 

Cabinet, President's, 288, 301. 

Canals, State, 223, 374, 377. 

Canvassers, boards of, 233. 

Capital offense, 180. 

Caucus, in legislature, 153. 

Caucus, primary, 227. 

Census, State, 149. 

Census, United States, 278, 290. 

Chamberlain, city of New York, 72. 

Charge, judge's, 186. 

Charities, State board of, 170, 175, 

362. 
Charter, colonial, 116-117. 
Charter, village or city, 35, 43, 65. 
Charter of Liberties and Privileges, 

108. 
Circuit courts, 295. 
Citizens, 135-137; duties of, 349. 
Citizenship, 299. 
City, 42-79- 

charter, 43; (N.Y.), 65. 

classes of, 47, 380. 

courts, 49; (N.Y.), 76, 78. 

commission plan of government, 
52. 

debt limited, 50. 

finances, 57-59. 

needs of, 42, 54-57- 

officers, 47-49, 51-52; (N.Y.), 
67-78. 

origin of, 43-46. 

schools, 207-208. 
City, second class, 51, 59. 

special laws affecting, 50, 380. 
City of New York, 62-78. 
Civil rights, 131, 179. 
Civil service, city, 48-49. 



Civil service. State, 172-173, 374. 
Civil service. United States, 288. 
Civil suits at law, 190. 
Claims, court of. State, 199. 
Claims, court of. United States, 297. 
Clerk, county, 88, 90, 181, 185. 
Clerk, town, 17, 23, 25. 
Clerk, village, 37, 38. 
Codicil, 332. 
Collector, town, 23, 27. 
Collector, village, 37. 
Collectors, city, 49. 
Colonial government, 104-117, 239. 
Commerce, regulation of, 260-261. 
Commerce, department of, 290-291. 
Commission plan of city government, 

52. 
Commissioner of education, 202, 207, 

209, 211. 
Commissioner of jurors, 90. 
Commissioners, city, 5 1 ; (New 

York), 73-75. 
Commissioners, State, 170-175. 
Committees, of Congress, 281-283. 
Committees, in State legislature, 

153-156. 
Committees, party, 227. 
Common carrier, 326. 
Common council, city, 47-48, 50, 51. 
Common law, 131, 324. 
Common school fund, 206. 
Commutation of sentence, 167. 
Compromises in constitution, 247- 

248. 
Comptroller, city, 51 ; (N.Y.), 71-72. 
Comptroller, State, 168, 169. 
Compulsory education, 208-209. 
Concurrent powers, 256. 
Confederate States, 253. 
Confederation, of United States, 243- 

246, 252-253. 
Congress, Continental, 240-243, 
Congress of Confederation, 244-246. 



INDEX 



403 



Congress, Stamp Act, 239-240. 

Congress, United States, 275-285. 

committees of, 281-283. 

composition, 275. 

meetings of, 275, 280. 

powers of, 255-271, 284. 

See Senate and Representatives. 
Congressional districts, 278-280. 
Congressmen, 277, 280, 285. 
Constables, 23, 26, 193. 
Constitution, English, 115, 343. 
Constitution, State, 365-381. 

amending, 120, 381. 

framed, no, 118. 

origin of, 114-118. 

parts of, 119. 
Constitution, United States, 353-364. 

amending, 271, 342. 

amendments to, 268-271, 291, 299. 

origin of, 246-249. 

ratified, 249. 

supreme law, 254, 360. 
Constitution, written and unwritten, 

115) 300. 
Constitutional conventions, 118, 147, 

247-249. 
Constitutionality of laws, 191-192, 

296. 
Consuls, 287, 307, 308. 
Continental Congress, 240-243. 
Contraband of war, 312. 
Contracts, 324-327. 
Conventions, constitutional, 118, 147, 

247-249. 
Conventions, party, 228. 
Cooperative control, 9. 
Copyrights, 263. 
Coroners, 91, 197. 
Corporat on counsel, city, 49, 51; 

(N.Y.), 72. 
Corporations, private, 220-222. 

taxed, 219, 298. 
Corrupt practices act, 234. 



County, 80-93. 

debt limited, 50. 

finances, 92. 

officers, 86-92. 

origin of, 83-85. 
County court, 90-91, 193 
County government in New York 

City, 75-76. 
County judge, 90-91, 193. 
County seat, 86. 
Courtesy of the senate, 285. 
Courts, 179-192. 
Courts, city, 49; (N.Y.), 76-78. 
Courts, county, 90-91, 193. 
Courts, justices', 192-193. 
Courts, State, 194-199. 

cases removed to United States 
courts, 296. 
Courts, United States, 293-297. 
Courts, village, 38. 
Courts of record, 197. 
Criminal, rights of, 131, 179, 180. 
Criminals, brought to justice, 178- 

188. . 
Cruel and unusual punishments for- 
bidden, 128, 270. 
Customs court, 297. 
Customs duties, 214, 309. 

Debate, freedom of, in legislature and 

Congress, 160, 285. 
Debt, city and county, 50. 
Debt, State, 222. 
Debt, United States, 298-299. 
Declaration of Independence, 242. 
Deed, 329. 
Defendant, 190. 
Democracy, 318. 
Democratic government, 13. 
Departments, city, 43, 51 ; (N.Y.), 

71-75. 
Departments, executive, of United 
States, 288-291. 



404 



INDEX 



Departments of government, 29, 141- 

142, 275. 
Despotism, 317. 
Diplomatic officers, 307. 
Disease, protection , from, 7, 8. 
District attorney, 88, 89, 181, 185. 
District attorneys. United States, 

290, 296. 
District courts. United States, 294. 
District of Columbia, 263. 
District superintendent, 202-203. 
Dower, 328. 

Due process of law, 129, 187. 
Duke's Laws, 107. 
Dutch, 98-99, 104-107. 

Education, board of, 206, 208; 

(N.Y.), 75. 
Education, commissioner of, 202, 

207, 209, 211. 
Elastic clause, 266. 
Election boards bipartisan, 367. 
Election districts, 229-230. 
Elections, city, 47, 68, 70. 
Elections, school, 204. 
Elections, State, 229-235. 
Elections, town, 15-16, 23-24. 
Elections, village, 36, 38-39. 
Electoral college, 291, 300. 
Embargo, 310. 
Eminent domain, 129. 
Employer and employee, 327. 
Enabling act, 265. 
Engineer, city, 51. 
Engineer and surveyor. State, 168, 

170. 
Enrollment, party, 227, 228. 
Equalization, boards of, 217, 219. 
Escheats, 366. 
Estates, 332. 
Estimate and apportionment, board 

of, 52, 59; (N.Y.), 72. 
Excise, commissioner of, 170, 175. 



Executive department, 29. 

of State, 141-142, 165. 

of United States, 275, 285. 
Exports not to be taxed, 357. 
Ex post facto law, 267. 
Extradition, 271, 309, 359, 360. 

Federal, defined, 244. 
Felony, 184. 

Fines, excessive forbidden, 128, 269. 
Foreign relations, control of, 257. 
Forest preserve. State, 223, 175, 377. 
France, government of, 343-348. 
Franchise, voting, 134-139. 
Franchises, in cities, 55; (N.Y.), 72. 
Freedom, religious, 127, 268. 
Freedom of speech, 130, 268. 
French, in New York, 1 00-101. 

Ga or gau, German, 83-84. 
Gambling prohibited, 366. 
Game, protection of, 175. 
Germany, government of, 343-347. 
Gold certificate, 262. 
Government, departments of, 28. 

origin of, 320. 

representative and direct, 13, 

work of, 7-9. 
Governments, equality of, 317. 
Governmental units, 8. 
Governor, 165-167. 

and other executive officers, 175. 

appointments by, 170. 

succession to office, 168. 

veto powers, 157-158. 
Grand jury, 1 81-183. 
Great Britain, government, 343-348. 
Greenback, 263. 
Guardian and ward, 329. 

Habeas corpus, 128, 267, 297. 
Hague conference, 314-316. 
Health, board of, village, 37-38. 



INDEX 



405 



Health, department of, New York 

City, 75. 
Health, State commissioner of, 170, 

175- 
Health ojQ&cer, village, ^^. 
High seas, control over, 257. 
Highway Commissioner, 170, 174. 
Highways, superintendent of, 23, 25, 

90. 
"House of Governors," 159. 
Houses, of legislative bodies, 143, 

145, 275. 
Hundred, the, 26, 83, 84. 
Husband and wife, 328. 

Impeachment, 161, 198, 292. 

Income tax, 259, 298. 

Indians, 290. 

Indictment, 1 81-182. 

Industrial Commissioners, 175. 

Inheritance tax, 219. 

Initiative, 146-147. 

Injunction, 297. 

Inspectors of Election, 23, 27, 230. 

Insurance, 326. 

Insurance, Superintendent of, 170, 

173. 
Insurance companies inspected, 8, 

173. 
Interior department, 289. 
Internal revenue, 214, 259. 
International law, 306-317. 
Interstate commerce, 260-261. 

Joint stock companies, 328. 
Judges, 199, 293-294. See Courts. 

constitutional provisions, 359, 374- 
376. 
Judicial department, 29. 

of State, 141-142, 178-199. 

of United States, 275, 293. 
Judicial districts, State, 194. 
Jurors, 181, 185, 188. 



Jurors, commissioner of, 90. 

Jury, coroner's, 197, 198. 

Jury in justice's court, 193. 

Jury in State courts, 181-186, 191, 

196. 
Jury in United States courts, 296. 
Jury trial, right to, 126-127, 269, 
Justice, department of, 290. 
Justices of the peace, 23, 27-28, 192- 

193. 

Labor, department of, 290. 

Land, rights in, 130. 

Land ofhce, commissioners of, 374. 

Law, sources of State, 323, 324. 

Law of the land," 126, 129. 

Lawmaking, State, 153-158; 

national, 281-284. 
Lawsuits, 190-192. 
Lease, 325, 331. 
Legislative department, 29. 

of State, 141-162. 

of United States, 275-285. 
Legislature, 143-162. 

committees, 153-156. 

composition, 143-146. 

distrust of, 159. 

eligibility to, 152. 

meetings, 143. - 

origin of, 143. 

powers, 158-162, 170. 
Libraries, 7, 8. 
Lieutenant governor, 167-168, 144, 

154. 
Lighting plants, 39-40, 55- 
Limitations, statute of, 325. 
Literature fund, 206, 207. 
Local government, 87. 
importance of, 29. 

Magna Charta, 114. 
Majority, 233. 
Mandamus, 297. 



4o6 



INDEX 



Manor, 20. 

Mark, 19. 

Marque and reprisal, 258, 313. 

Marriage, 328. 

Marshals, United States, 296. 

Mayor, 48, 50, 5i ; (N.Y.), 70-71. 

Messages, 167, 287. 

Militia, 171, 259. 

Ministers, to foreign countries, 287, 

307, 308. 
Mint, 262. 
Misdemeanor, 184. 
Monarchy, 317. 
Money, 262-263. 
Mortgage, 330, 331. 
Municipal corporation, defined, 11. 
Municipal ownership, 39-40, 55. 
Mutual aid associations, 328. 

National Guard, 171. 

Naturalization, 136-137, 356. 

Navigation laws, 260. 

Navy department, 289. 

Neutrals, rights and duties of, 311- 

New York City, 62-79. 
New York State, see State. 
NicoUs, Col. Richard, 107. 
Nobility, title not to be granted, 357. 
Nominations, 228-229. 
Noncombatants, 310. 
Normal schools, 207. 

Oath of office, 234, 360, 380. 
Officers, public, table of, 382-384. 

See Town^ City, County, State, 

etc. 
Overlapping powers, 297. 
Overseers of the Poor, town, 23, 26. 

Pardon, 167, 286. 
Parents and children, 329. 
Parish, 20. 



Parks, city, 49, 57; (N.Y.), 74. 

Parties, political, 226-229. 

Partnership, 327. 

Passes, prohibited, 381. 

Patents, 263. 

Patroons, 105. 

Peace, justice of the, 23, 27-28, 192- 

193. 
Pensions, United States, 290, 298. 
Perjury, 188. 
Persona non grata, 308. 
Personal property, 329, 215. 
Personal rights, 1 23-131, 179, 323- 

334. 
Petition, right of, 130, 268, 361, 366. 
Piracy, 258, 356. 
Plaintiff, 190. 
Plea, 184. 
Plurality, 233. 
Pocket veto, 284. 
Police, 42; (N.Y.), 73. 
Police justice, village, 38. 
Political parties, 220-229. 
Political year, 379. 
Pool clerks, 230. 
Poor, care of, 26, 57, 90. 
Posse comitatus, 89. 
Postmaster-general, 290, 288, 301. 
Post Office, 202, 290, 298. 
Post Office Department, 290. 
Powers, division of, 255-256, 266. 
Preliminary steps, 7. 
Presentment, 183. 
President, United States, 283-288. 

appointments by, 286, 339-340. 

cabinet, 288, 301. 

election of, 291-292, 300. 

messages of, 287. 

succession to office, 292. 

term of office, 286, 300. 

veto power, 283-284. 
President, village, 2>1' 
Previous question, 283. 



INDEX 



407 



Primary, 227-229, 236. 

Principal and agent^ 327. 

Prison labor, 372. 

Prisons, superintendent of , 170, 173, 

374. 
Private enterprises, not to be aided by 

governments, 222. 
Private laws, forbidden, 159. 
Privateers, 313. 
Prizes of war, 311, 313. 
Probate court, 91. 
Promissory notes, ^yZZ- 
Public Service Commissions, 170, 174. 
Public works, superintendent of, 1 70, 

173. 
Punishments, cruel, 128, 270. 
Puritans, 99-100. 

Quorum, in Congress, 354. 
in legislature, 144. 

Railroads, control of, 174, 261. 

Real estate, 329-332. 

Recall, 146. 

Reciprocity treaty, 257. 

Record, courts of, 197. 

Reeve, 20. 

Referendum, 146-147. 

Regents of the University, 210, 211, 

171. 
Register of deeds,-9o. 
Registration, 138, 230, 351. 
Religious freedom, 127, 268. 
Representation, ratio of, 149, 151, 

278. 
Representative government, 13. 
Representatives, House of, 275. 

election of, 278-280. 

powers of, 283, 284-285, 292. 
Reprieve, 167, 286. 
Republic, 319. 

kinds of, 320. 
Revenue bills, 281. 



Revolution, 238-243. 
Rights, 123-138, 179. 

civil and poHtical, 131. 

criminal may lose, 131, 132. 

of accused persons, 128, 129, 179, 
180, 184. 

retained by the people, 271. 
Right to vote, 134-139. 
Roads, 7-10, 25-26. 

Salaries of public officers, 266-268. 
Sale, contract of, 325. 
School commissioner, 202. 
School district, 202-206. 

union free, 206. 
School meeting, 205. 
School moneys, 206, 207. 
School tax, 205. 
School teachers, 208. 
Schools, 201-21 1. 

money for, 206-207. 
Schools, normal, 207. 
Schools, district superintendent of, 

202, 208. 
Searches and seizures, 269. 
Secretary of agriculture, 290, 288, 

301- 
Secretary of commerce, 290, 288, 301. 
Secretary of labor, 290, 288, 301. 
Secretary of state, State, 168-169. 
Secretary of state. United States, 

288, 301, 292. 
Secretary of the interior, 2^89, 288, 

301. 
Secretary of the navy, 289, 288, 301. 
Secretary of the treasury, 289, 288, 

301, 292. 
Secretary of war, 289, 288, 301, 292. 
Sectarian schools not to be aided, 362. 
Senate, State, 143-157. 
composition, 143-145. 
constitutional provisions, 367-370. 
districts, 149-15 1. 



4o8 



INDEX 



Senate, State, 

officers of, 144, 153, 154. 

powers, 157, 161--162, 168, 170. 
Senate, United States, 275-276. 

elections to, 276-277. 

powers of, 283, 284, 281, 292. 
Sentence, 186-187. 
Sewers, 53, 54. 
Sheriff, 88-89. 
Shire, English, 83, 84, 165. 
Silver certificates, 262. 
Sinking funds, State, 377. 
Slavery, 270. 
Sovereignty, 95, 96. 
Speaker, of Assembly, 144, 154, 168. 

of House of Representatives, 278, 
282-283. 
Special sessions court, 192. 
Speech, freedom of, 130, 268. 
Stamp Act Congress, 239-240. 
State, defined, 238. 
State, department of, 288. 
State (New York), a municipal cor- 
poration, 94. 

activities and duties of, 96-97. 

congressional districts, 279, 280. 

constitution, see Constitution. 

executive officers, 165-176. 

finances, 160, 219-220, 222. 

judiciary department, 178-199. 

legislature, 143-162. 

origin of, 98-1 11. 

powers of, 97, 266, 270, 323. 

relation to nation, 238, 252-256, 
266, 271. 

relation to smaller units, 95-96. 

sovereignty of, 95-96. 
States, admission of, 265. 

relation to nation, 238, 252-256, 
266, 271. 
Statutes, 191. 

Street commissioner, city, 49. 
Street commissioner, village, 37, 38. 



Streets, city, 53-56. 

Stuyvesant, Peter, 105-106. 

Suffrage, 134-139- 

Summons, 190. 

Superintendent of banks, 170, 173, 

221. 
Suprintendent of highways,, town, 

23, 25. 
Superintendent of highways, county, 

90. 
Superintendent of insurance, 170, 173. 
Superintendent of public works, 170, 

173 
Superintendent of schools, 202, 208. 
Superintendent of State prisons, 170, 

173. 
Superintendent of the poor, county, 

88, 90. 
Supervisor, town, 23, 24-25, 181. 
Supervisors, board of, 86-87. 
Supervisory districts, 202-203. 
Supreme Court, of United States, 

293-296. 
Supreme court. State, 194-196. 
Surrogate, 91, 198. 

Tariff, customs, 214, 309. 

Tax, city, 58-59- 

Tax, school, 205. 

Tax, State and local, 214-220. 

Tax, United States, 259, 267, 268, 

214. 
Tax commissioners, 170, 174, 219. 
Taxation, 213-220, 58, 59, 205. 

direct, 214, 259. 

indirect, 214, 259. 

without consent, 238-240. 
Teachers, 208. 
Territory, 264-265. 
Title of nobility not to be granted, 

268. 
Town. 10-32. 

officers of, 23-28. 



INDEX 



409 



Town, 

origin of, 18-21, 11. 

relations with county, 87, 88. 
Town board, 28. 
Town meeting, 11-23, 29-30. 

powers of, 16. 

time of, 15. 
Travelers, rights of, 309. 
Treason, 167, 359. 

Treasurer, city, 49, 51 ; (N.Y.), 72.. 
Treasurer, county, 88, 89. 
Treasurer, State, 168, 169, 167. 
Treasurer, village, 2)1 ^ 38. 
Treasury, United States, 289. 
Treasury notes, 263. 
Treaties with foreign countries, 287, 

308, 257. 
Trial jury, 184-186. 
Truants, 209. 

Trust companies, 221, 173. 
Trustees, village, 36-37, 38. 
Twelve Select Men, 105. 

Union free school district, 206. 
United States, 238. 

Congress, 275-285. 

Constitution, see Constitution. 

courts, 293-297. 

executive officers, 285-292, 300, 
301. 

finances, 298-299. 

nature of government, 96, 252-255. 

origin of, 239-247. 

powers of, 255-271. 

sovereignty of, 96. 

territory, 264-265. 
United States Deposit Fund, 206-207. 



University of the State of New York, 



Venue, change of, 186. 
Verdict, 186. 
Vestry meeting, 20. 
Veto, by mayor, 48, 70. 
Veto, governor's, 157-158. 
Veto, President's, 283-284. 
Vice President, 276, 283, 291. 
Village, 33-41. 

charter, z^. 

classes of, 2)^- 

needs of, 34. 

officers, 36-38. 

part of town, 34. 

questions for, 39-40. 
Voting, 226, 232; see Elections, 

duty of, ^z, 139. 

right of, 134-139- 
Voting machine, 235. 

Walloons, 100, 10 1. 

War, provisions of international law, 

310-314. 
War department, 289. 
War powers, 258, 286, 337-340- 
Ward, city, 47. 
Ward and guardian, 329. 
Warrant, 179. 
Waterworks, 39-40, 55. 
Washington, first President, 249. 
West India Company, 104-106. 
Will, 332, 198. 

Women may vote, when, 135, 140. 
Worship, freedom of, 127, 268. 



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